PRISONER’S APPEAL

Manawatu Standard, Volume LIII, Issue 264, 5 October 1933, Page 2

PRISONER’S APPEAL

COURT RESERVES DECISION. Per Press Association. WELLINGTON, Oct. 4. An application was made to the Court of Appeal for leave to appeal from the conviction entered by Mr Justice Herdman, at Auckland, on July 27, 1933, of Harold Bradley Brownrigg, salesman, on a charge of theft of £l7.

Counsel for prisoner stated that the charge arose out of certain transactions in which accused, trading as “Overseas Passages, Ltd.,” received various sums, among them being the sum in question as a deposit on passage money to England. Prisoner planned to charter a ship carrying 800 passengers, the fare being £25. Counsel stated that the appeal was based upon the grounds of misdirection of the trial Judge in directing the jury that if the moneys received by accused had been received upon trust to pay the samo to Overseas Passages, Ltd., but that instead they had been spent, then accused should be convicted. Counsel submitted that as Overseas Passages, Ltd., was not a limited company, but really accused himself, accused had not received the passage moneys upon trust to pay them to anyone else. The facts supported a charge of false pretences, but this charge had been withdrawn by the Crown at the hearihg. Alternatively, prisoner appealed from the sentence of two years’ hard labour imposed. Counsel for the Crown submitted that the facts supported the charge of theft and the jury had the right to convict. The Court reserved decision.