Court Dismisses Teacher’s Appeal

Press, Volume CIII, Issue 30531, 28 August 1964, Page 3

Court Dismisses Teacher’s Appeal

(Nilw Zealand Press Association) DUNEDIN, August 27. A sentence of 18 months’ imprisonment, imposed on David Thomas James Brunton, aged 24, a Cromwell schoolteacher, was confirmed by Mr Justice Henry in the Supreme Court today.

Brunton had appealed against the sentence on two charges of unlawful sexual intercourse with, a pupil of the school at which’he taught. He also appealed against concurrent sentences of three months’ imprisonment on charges of theft and false pretences. The sentences were Imposed in the Magistrate’s Court on August 3. His Honour dismissed the appeals and said the fact that Brunton had appealed indicated that he “had not yet realised the full enormity” of his offences. Mr A. A. Newlove (for Brunton) said that Brunton’s flight to Australia had attracted a great deal of publicity which added to the punishment and possibly made the Magistrate take a more severe attitude towards the offences. Sexual offences against experienced girls of bad charac-

ter were often dealt with by fine, Mr Newlove said, and might well have been . dealt with similarly in this case, but for the fact that the girl was a pupil at Brunton’s school. Brunton seemed to be a rather immature person and had little experience of life. Until these offences were committed, nothing was known to his discredit. Most of the initiative was taken by the girl, Mr Newlove said. Brunton was “incredibly stupid” and weak. Mr J. B. Deaker (for the Crown) said that teachers could, and did, find themselves in invidious positions with their pupils. “Normally," he said, “they avoid such things.” The Magistrate had balanced the factors well; certainly, the sentence was not excessive. Mr Justice Henry said that in a case which attracted extensive publicity the court had to be careful to see that an injustice was not brought about on that account.

His Honour pointed out that the. maximum sentence for unlawful sexual intercourse was seven years’ imprisonment, and said that Brunton, as a teacher, had the control of the young girl. “This court, in previous cases, has stressed the parental nature of this position. “There has been an attack on this girl’s character, but in my view this is the very type of character which a teacher ought to lend his aid to protect.”