High Court of Australia
Con: Werare Peinery
erate 337 rane are ses 336 HIGH COURT. {1913. [HIGH COURT OF AUSTRALIA.} SKINNER. 3 3 4 4 : § . APPELLANT; AND THE KING j : : : 5 F . RESPONDENT.
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
H.C. or A. Criminal law — Criminal appeal—Shorthand note — Sentence — Misdirection —
1913. = Metnourye,
June 16, 17.
Barton A.0.3. Isaacs,
Gavan Dufty
Powers and Rich JJ.
"Common prostitute," meaning of —Criminal Appeal Act 1912 (N.S.1.) (No. 16 of 1912), secs. 6, 21—Crimes Act 1900 (N.S. W.) (Wo. 40 of 1900), sec. 71— Crimes (Girls? Protection) Act 1910 (N.S. W.) (No. 2 of 1910), sec. 2—Grimes (Girls' Protection) Amendment Act 1911 (N.S. W.) (No. 21 of 1911), sec, 2 (b).
The absence of a shorthand note of the proceedings at the trial of any person on indictment, as provided for by sec. 21 of the Criminal Appeal Act 1912, does not of itself amount to a ground entitling an accused person to have his conviction set aside.
A Court of Criminal Appeal should not interfere with a sentence merely because members of the Court might have inflicted a different sentence more or less severe, nor unless the Court sees that the sentence is manifestly exces- sive or manifestly inadequate.
Sec. 71 of the Crimes Act 1900 provides that " whosoever unlawfully and carnally knows any girl of or above the age of ten years, and under the age of fourteen years, shall be liable to penal servitude for ten years." Sec, 2 of the Crimes (Girls' Protection) Act 1910 substitutes sixteen years for fourteen years in that section and adds the following proviso :—* Provided that it is » sufficient defence to any charge which renders a person liable to be found guilty of an offence described in" sec. 71 'of the Principal Act, as amended by this Act, in respect of offences under" that section " where the girl in question was over the age of fourteen years, if it shall be made to appear to the Court or jury before whom the charge is brought that the girl was at the time of the alleged offence a common prostitute, or an associate of common
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