Court Dismisses Appeals On Sentences For Rape

Press, Volume CI, Issue 29767, 9 March 1962, Page 19

Court Dismisses Appeals On Sentences For Rape

(New Zealand Press Association)

WELLINGTON, Mar. 8. The Court of Appeal today dismissed appeals by Shane Peter Mathew Murphy and Russell Wilfred Nolan against sentences of five years’ imprisonment imposed in the Supreme Court at Christchurch after they had been convicted of rape. In delivering the reserved judgment the president of the Court of Appeal (Sir Kenneth Gresson) said the crime of rage had become disturbingly frequent. ’There can be no question that a sentence of five years’ imprisonment imposed upon a youth aged only seventeen and a half is of such severity that any court is bound anxiously to weigh the propriety of such a sentence. "It may be noted that the cases of gang rape vary. Sometimes it occurs at or after a party at which there has been a good deal of drinking by both girls and boys, with perhaps some degree of loose behaviour or even encouragement, by the girls. "On other occasions a girl or girls have allowed themselves to be picked up casually and have foolishly accompanied youths upon an expedition which has culminated in their being raped. Premeditated Act "This case shows no resemblance to either of such cases, The conduct of this gang was premeditated and deliberate. "They searched for and found a young couple who were complete strangers and then indulged in threats of violence, the commission of rape, and a final aggravation by damage done to the car. "The Judge, when imposing sentence, characterised the case as shocking, and this is not an over-statement. “So far as the present case is concerned, the applicants committed the crime of rape under particularly revolting circumstances, evidencing an ut.er disregard for human rights, and they did so in a particularly cowardly way. for some of them attacked the young man and restrained him while the acts of rape were committed on his girl companion. “It would be difficult to find a more serious kind of rape .More Gang Rapes "But apart from the particular circumstances of the case, the very considerable increase in the crime of rape and the number of gang rapes which have come before the Courts (which we were told by the AttorneyGeneral had doubled in 1961) demand that the commission

of such crimes shall be restrained by sentences commensurate with the seriousness of the crime. “It seems to be the case that even young men, ordinarily reasonably decently conducted and without vicious propensities, are prone, when associated in groups, to behave with the brutality and callousness exhibited in this case by all four offenders.

“Severe sentences will, it is hoped, act as an effective deterrent and in the interest of society the Court is bound adequately to punish

such offences and to make it clear that others who similarly offend must expect like punishment. "Accordingly leave to appeal is refused and the, applications are dismissed.” The other members of the Court of Appeal were Mr Justice North, and Mr Justice Cleary. Counsel for Murphy was Mr W. F. Brown, Christchurch, and for Nolan Mr R. W. Edgley, with him Mr R. L. Kerr. The Crown was represented by the AttorneyGeneral (Mr Hanan), with him Mr C. M. Roper.