High Court Wellington
24 March; 14 May 1948
Fair J
24 March; 14 May 1948
Fair J
Armed Forces — General Court Martial in England sentencing New Zealand Soldier to Penal Servitude — Sentence to be Undergone in New Zealand — Formal or Technical Defects in Warrant of Committal no Ground for Issue of Writ of Habeas Corpus — Abolition of Sentences of Penal Servitude and Fact that no Penal Servitude Prison in New Zealand not grounds for Writ of Habeas Corpus — Army Act (44 & 45 Vict, c 58), ss 58, 62 (2) (g), 68 (as amended) — Army and Air Force (Annual) Act, 1932 (22 Geo 5, c 22), ss 172 (3) (4) (5), 187c — Army and Air Force (Annual) Act, 1940 (3 & 4 Geo 6, c 22), s 3 (as amended) — Defence Amendment Act, 1912, s 19 — Defence Amendment Act, 1929, ss 15, 16, 17 — Expeditionary Force Emergency Regulations, 1940 (Serial No 1941/1), Regs 4, 14 (1).
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