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Duffy v Feeney [1958] PGSC 2 (16 May 1958)

IN THE SUPREME COURT OF THE
TERRITORY OF PAPUA AND NEW GUINEA

Appeal No. 6 of 1958 (P)

Appeal from the Court of Petty Sessions,
Port Moresby.

HUGH JOSEPH DUFFY
Appellant

and

G.M. FEENEY
Respondent

JUDGMENT DELIVERED BY MR. JUSTICE BIGNOLD
ON 16^TH MAY, 1958

This is an appeal purely on the question of sentence, the appellant having pleaded guilty simpliciter in the Court below.

It is apparent from the evidence taken before me that the police inadvertently misstated the nature of the previous conviction or the Learned Magistrate failed to hear it correctly.

This alone is a sound ground for reducing the sentence of 6 months but quite apart from this in my view it is improper for the police to state that the accused is unfavourably known to them without a person with knowledge of the matter testifying in what respect he is unfavourably known otherwise the convicted person is unable to meet the statement by the police detrimental to himself.

My determination in no way reflects upon the decision of the Learned Resident Magistrate who quite rightly thought the accused was without merits, but for the foregoing reasons I reduce the sentence to four month imprisonment with hard labour.

I propose asking the Chief Justice to issue a memorandum for the guidance of Crown Prosecutor and others as to the proper methods of placing before the Court evidence of prior convictions as the present practice is unsatisfactory and capable of injustice.

J.