CONVICTION FOR ASSAULT

Press, Volume XCVIII, Issue 29070, 5 December 1959, Page 11

CONVICTION FOR ASSAULT

Joiner’s Appeal Fails Holding that it would not be proper to disturb the decision of 'the Magistrate who convicted and discharged, on the payment of expenses. Thomas John Humphrey, a 48-year-old joiner, on a charge of assault at Burnham Military' Camp. Mr Justice Macarthur, in the Supreme Court yesterday, dismissed an appeal by Humphrey against conviction. Mr B. J. Drake appeared for Humphrey and Mr C. M. Roper 'represented the Crown. The submission of Mr Drake, said his Honour, after considering .for one hour a point of law, was 'that the Magistrate had in mind the exercise of Section 42 of the Criminal Justice Act allowing him to discharge Humphrey without conviction. I The Magistrate had had the opportunity of seeing and hearing the witnesses, said his Honour. He was not disposed to disturb the Magistrate's » finding that there was an assault It seemed clear that Humphrey was subjected to provocation—perhaps great provocation—by the complainant. Hill, and it was true that Humphrey had an unblemished record. . ‘‘But there are two other matIters which, in my view, must be borne in mind.” said his Honour “First, the anpellapt was a person in a position of authority and should have controlled his passions. The second is that the assault, as found by the Magistrate. was committed with a saw. which is, of course, a dangerous thing.”