ASSAULT ON WARDERS

Press, Volume LXXVII, Issue 23301, 10 April 1941, Page 12

ASSAULT ON WARDERS

it. ♦ i PRISONERS’ APPEAL | FAILS 11 PAJ WELLINGTON, April 9. I The Appeal Court to-day dismissed he appeals of John Henry Silva and jlryan. James O’Heir against the senence imposed at the Auckland Su--3 (feme Court on February 14. Both ac- ! used were sentenced to 12 months im(rlsonment with hard labour, cumulaive with the sentences which they - vere then serving, and a flogging of ® strokes, on the .charge that, with ntent to break prison, they did with iidlence render prison officers mcapI ible of resistance. Delivering judgment, the Chief Jusice (the Rt. Hon. Sir Michael Myers) ■aid that in these cases the punishment mposed' was undoubtedly severe; but i he circumstances called for severity. Fhree warders had been injured, and it was a miracle that one of them (Crawford) had not been killed. He iad, in fact, survived; but these men ■ iad made of him a physical wreck. The punishment of flogging was very rarely imposed in this country, added the' Chief Justice, and it was never imposed save in the most exceptional circumstances, and after anxious consideration. These cases were exceptional, and the Judge could not properly have done otherwise than make a measure of corporal punishment part af the penalty. If that punishment Were not imposed as a deterrent to those and other prisoners who might be similarly minded, prison warders would not be sufficiently protected. His Honour added that the law provided that flogging should not be inflicted if, in the opinion of a medical officer, the prisoner was not physically able to bear it. Referring to the term of imprisonment, he said it was a long one: but in view of all the circumstances, and the obviously dangerous character of the men, the Court felt that it was in the public interest, and the sentence could not with propriety be Interfered with. The matter of their release after they had served a substantial portion of the sentence was | largely in their own hands. They must Iby their conduct in prison satisfy the IPrisons Board that in the public inIterest it would be safe to allow them 3to be at large. For these reasons I leave to appeal in these cases was reI fused.