BIRCHING WANTED

Press, Volume C, Issue 29616, 12 September 1961, Page 21

BIRCHING WANTED

Comment By Magistrate

(HZ. Preu Association) DUNEDIN. Sept. 11. Expressing profound regret that the law did not allow him to order a birehing, Mr J. D. Willis, S.M.. sentenced John Robert Joseph Dowling, aged 20. Kevin William Dowling. aged 18. and Murray Robert Blair, aged 18, to two 1 months' imprisonment on' each of two charges of assault when they appeared for nentence in the Dunedin Magistrate's Court today. The terms are to be concurrent. Blair, a workman, John Dowling, an apprentice jockey, and Kevin Dowling, s'ablehand. had each pleaded not guilty to having assaulted William Ernest Smart and Sydney Frederick Smart at Mosgiel on August 18. The case was the sequel to a fracas in a fish shop. The Probation Officer, Mr A Clarke, told the Magistrate that although, with the exception of Blair, none of the three had been in trouble pre. v.ously. the severe injuries caused by the assault could well have resulted in a more serious charge and he therefore made no recommendations. "If ever a case called for a birching this one does,” Mr Willis said. "Effective Deterrent” “Possibly one day those in authority will realise that such a course would provide sn effective deterrent to this behaviour.” These assaults were of a most severe nature upon older men who were incapable of defending themselves. The injuries inflicted by "this trio of hoodlums” were so severe as to indicate that the three youths had “gone berserk” and given the complainant a tremendous thrashing. All three had been totally unrepentant and had treated the matter as a joke when brought to the police station. At least one youth was heard to boast about the matter, the Magistrate said. It was only because they were under 21 years that he did not impose the maximum sentence, he said.