Appeal Court Told Rape Incidence On Increase

Press, Volume CI, Issue 29764, 6 March 1962, Page 14

Appeal Court Told Rape Incidence On Increase

( 52. Press Association) WELLINGTON, March 5. In 1961 there had been a sharp increase in the total number of persons convicted of rape and the number of incidents of gang rape had doubled, the Attorney-General, Mr Hanan, said in the Court of Appeal today. Recent reports indicated that the incidence of rape had not lessened in the present year and he feared the figures would be worse, Mr Hanan said.

Mr Hanan, with him the Christchurch Crown Prosecutor, Mr C. M. Roper, was appearing tor the Crown in an appeal by two 17-year-old youths against sentences of five years' imprisonment on a joint charge of rape, imposed in the Supreme Court at Christchurch. The Court reserved its decision.

The appellants are Russell Wilfred Nolan and Shane Pe’er Mathew Murphy. The Court comprises Mr Justice K. M. Gresson, Mr Justice North and Mr Justice Cleary.

Mr R. W. Edgley, with him Mr R. L. Kerr, is appearing tor Nolan, and Mr W. F. Brown for Murphy.

In his submissions, Mr Edgley said he could say nothing in mitigation of the offence. A period of strict supervision was necessary for his client, but five years was excessive. The Judge in the Court below had failed to relate the sentence to the age of the appellant. The public interest could be served by taking a Long-term view by not imprisoning youthful offenders for too long, counsel said.

Mr Brown submitted that although his client’s record was unsatisfactory, he was not a hopeless case. Where an offender was substantially less than 21, the Court should be even more reluctant to impose imprisonment. Gravity Of Crime Replying tor the Crown. Mr Hanan said that a sentence of five years’ imprisonment for 17-year-old youths was undoubtedly a severe punishment and would not have been imposed by a judge except after most anxious consideration. But the nature of the crime committed was so grave that the sentence was no more than appropriate, having regard to the offenders themselves and to the public interest. Referring to submissions tor the appellants concerning

their association with other and more experienced criminals in prison. Mr Hanan said that some offences were so grave that prison was the only remedy. It had been the practice of the administration to segregate very young offenders from the rest of the inmates in prison until such time as a youth prison was provided. Apart from the unlawful taking of life, rape was the most serious crime that could be committed. The incidence of cases of rape, and in particular gang rape, had been referred to more than once in the courts recently.

In 1961 there had been a sharp increase in the total number of persons convicted of rape and the number of gang rapes had doubled. Recent reports indicated that the incidence of rape had not lessened during the present year and it was feared the figures would be worse. Deterrent Element

The deterrent element of punishment was nowhere more important than in the

case of gang rape, he said. Where a group of youths or young men acted together in that way, it was probably the mob consciousness or the gang bravado engendered by their acting together that led them on to the crime.

Physically strong, lusty and even callous though the individuals might be, it was the exhibitionism and the urge to keep up with and outdo one another that might carry them on to vicious and shocking violence.

In the present case, the victim’s fiance had said in evidence that the appellants had said to him that, if caught, they would not get much of a sentence and would “get him” when they got out. “There maj well be a great need to correct the impression that, if young enough, only a short sentence would be imposed,” Mr Hanan said. The maximum penalty for rape was 14 years and if there was any variation in the sentence in the present case, it should be in the direction of increasing it.