Seeto Ah Lan v Young [1962] PGSC 17 (11 October 1962)

IN THE SUPREME COURT
OF THE TERRITORY OF
NEW GUINEA

ON APPEAL FROM THE DISTRICT COURT RABAUL

Coram: Ollenrenshaw J.
11^th October, 1962

SEETO AH LAN
Appellant

ERNEST BAIN YOUNG
Respondent

JUDGMENT

The sentence imposed by the Magistrate is, I think, more than, on the face of this appeal, I would have imposed myself, but no so very much more. As against this the Magistrate must be presumed to be more aware than I can be, as a Judge on circuit, of the significance of the matters to be taken into consideration in determining the appropriate sentence for an offence such as this in Rabaul. I do not think that the difference between the sentence I would have imposed and the one imposed by the Magistrate would justify me in substituting the one for the other.

I dismiss the appeal and affirm the sentence.