DEATH SENTENCES.

Auckland Star, Volume LX, Issue 12, 15 January 1929, Page 5

DEATH SENTENCES.

NEW SOUTH WALES LAW.

"RELICS OF CONVICT DAYS."

COMMENT BY A BARRISTER

The death sentence passed upon Martin Jacobsen, of Woy Woy, New South Wales, for criminally assaulting a girl, was referred to by Mr. E. J. Picndergast, the Auckland barrister, who returned from Sydney by the Marama to-day. "The law is different in New South Wales to ours," said Mr. Prendergast. "I cannot bring to mind at the moment any other country that imposes the death sentence for assault on women. No doubt it is a relic of the old convict days, when it was necessary co have a strict criminal code.

"There were some extraordinary features attaching to the Woy Woy case, and public indignation was aroused at the severity of the sentence. After the sentence Avas imposed a numerouslysigned petition was presented to the Government, protesting against the sentence. Afterwards an appeal went to the Full Court against the conviction and sentence, but this was dismissed. The New South Wales Cabinet then commuted the death sentence to one of imprisonment for 18 months. A statement was published at the time that Cabinet had before it an affidavit by a doctor stating that he found marks on the girl's body which were inconsistent with a story of a struggle. In making the official announcement, the Premier, Mr. T. R. Bavin, said Cabinet had made its decision owing to the previous good character of Jacobsen and the jury's strong recommendation to mercy.

"Another peculiarity about the case," said Mr. Prendergast, "was the fact that the girl concerned, to whom the man was engaged, was the first to sign the petition against his sentence. Now that the sentence has been reduced to a few months' imprisonment, there is further agitation for the release of the prisoner. Where this will end it is difficult to say.

"There has been quite a lot of crime in New South Wales in recent years," continued Mr. Prendergast. "In addition to the Woy Woy case there is the Parkes outrage. Four young men at the township of Parkes were found guilty of criminally assaulting a woman and three were sentenced to death, the fourth man being discharged. This case also went to the Court of Appeal and the decision was to the effect that the judge should have directed the jury that it was unsafe to convict an accused person on the uncorroborated testimony of the person against whom the offence was alleged to have been committed. A new trial was ordered. The men are now awaiting the rehearing of the case."