SENTENCE INVALID

Wairarapa Times-Age, 28 October 1940, Page 2

SENTENCE INVALID

PRISONER RELEASED. (By Telegraph—Press Association.) AUCKLAND, October 26. As the result of a judgment by Mr. Justice Smith in the Supreme Court today on an application by Julius Hogben for a writ of Habeas Corpus in espect of Oliver Bennett Young Gregory, printer and publisher, who was committed to prison in default of his ability to pay a fine of £lOO, a writ was issued with the order that the prisoner be released immediately. The prisoner came before Mr. Justice Blair recently on a motion for an order for committal to prison for contempt in publishing in the newspaper “The People’s Voice,” comments onprosecutions which were sub judice. Contempt was admitted, and the judge fined him £lOO, fixing nine months' imprisonment in default of payment. Respondent did not pay the fine or any part of it. and was committed to prison on a warrant at the expiation of one month’s grace allowed in the judgment.

Today Mr. Justice Smith arrived at the conclusion that the term of imprisonment imposed upon respondent in default of payment was invalid, and he accordingly ordered his release. His Honour added that the matters he had considered had not been discussed before Mr. Justice Blair, and so far as he knew they had never previously been judicially considered.