UNUSUAL EVIDENCE.

Auckland Star, Volume LXVII, Issue 173, 23 July 1936, Page 16

UNUSUAL EVIDENCE.

JUDGE DEFINES "ATTEMPT."

ELDERLY MAN CONVICTED,

On charges of attempted carnal knowledge and attempted indecent assault of n, Rirl aged 10, James Moore, aged 63, stood trial before Mr. Justice Callan in the Supreme Court yesterday. He was convicted on the charge of attempted indecent assault.

Mr. R. Meredith conducted the case for tlie Crown, and accuscd was defended by Mr. W, Noble. If was alleged by the Crown that accused had asked the girl into a hut and dangled jewellery in front of her, saying that ho would give it to her if she went in. Accused, in subsequent statements, admitted that he had certain intentions towards the girl. His Honor said the law did not punish persons for having wicked minds. It did not punish persons for forming plans, determinations or intentions to commit a crime, no matter how great a crime it might be. An attempt was more than a mere wicked preparation. There had to be some outward act, though there were different kinds of acts. The distinction between preparation and an attempt was a difficult one. From tlio circumstances his Honor ruled that it could be inferred that accused had an improper and indecent purpose. After a brief retirement the jury found accused guilty on tlffe second count, with a strong recommendation to mercy. The judge told counsel for the defence that if he could make arrangements for accused to be received in a home he would unhesitatingly admit accused to probation. Accused was remanded for sentence.