Appeal Against 10 Years’ Sentence For Manslaughter

Press, Volume CII, Issue 30058, 16 February 1963, Page 12

Appeal Against 10 Years’ Sentence For Manslaughter

(New Zealand Press Association)

WELLINGTON, Feb 15. The Court of Appeal today reserved its decision in an appeal by William Rudolph, of Auckland, a railway worker, against his sentence when he was found guilty on a charge of manslaughter. In the Supreme Court at Auckland on October 31, 1962. Rudolph was sentenced to 10 years’ imprisonment by Mr Justice Boys. It was alleged that he beat his wife to death with a claw hammer after finding her in adulterous circumstances. Rudolph's grounds of appeal, as submitted by Mr P. A. Williams, were that the sentence was manifestly excessive: that tire trial Judge did not give sufficient weight to the circumstances of provocation. and that the trial Judge applied wrong principles of law in ruling that when a jury has given effect to the provocation evidence by its verdict, then the Judge should not give effect to it in passing sentence. For the Crown, Mr R. C. Savage submitted that the act was not a surprise situation as Rudolph had lived with the situation for some time. Also, he had tried to

kill his wife the day before. Although there was cruel provocation on the wife's part, the charge had already been reduced to manalaughter from murder on account of this, and there was no justification for reducing the aentence of 10 years' impriaonment. Thia was a brutal animal act, as near to murder as it is possible to go. Mid Mr Savage. The Court of Appeal comprised Mr Justice North, Mr Justice Turner, and Mr Justice McCarthy.