25 Feb 1970
HEINZ PETER NUSSBAUMER v. THE QUEEN
- Citation
- HEINZ PETER NUSSBAUMER v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC60/1970
The appellate court held there was ample evidence to support the conviction based on possession of stolen property corroborated by witnesses, but the imposed sentence of 12 months imprisonment was manifestly excessive for a first offender; accordingly the sentence was quashed and substituted with a conditional discharge on entering into a recognisance to leave the Colony and not return for two years, a power properly exercised at common law as supported by Flaherty and James Ayu.