SUPREME COURT 18 Months Imprisonment For Stabbing Wife

Press, Volume CVIII, Issue 31754, 10 August 1968, Page 16

SUPREME COURT 18 Months Imprisonment For Stabbing Wife

A measure of instability, aggravated by drink, was no doubt the background to an offence in which a man repeatedly stabbed his wife with a sheath knife, said Mr Justice Macarthur in the Supreme Court yesterday. He sentenced David Stanley Small, aged 26, an airman, to 18 months imprisonment. Small had been convicted by a jury of assaulting his wife with intent to injure her. It had acquitted him of the more serious alternative charge of wounding with intent. His Honour said it was a serious assault, and it was indeed fortunate that Small had not caused his wife more serious and permanent injury.

Small's counsel, Mr J. G Leggat, submitted that the offence was illogical and to a large extent inexplicable. Small’s recovery from his indiscriminate behaviour seemed so sudden that one looked for some other explanation besides recovering from a drunken bout. He said the consequences had been quite disastrous for Small, his wife, and their young family. His wife did not want the marriage to continue, and Small faced that with the greatest regret. Ironically, said Mr Leggat, Small's conviction meant the forfeiture of his end of service grant because of the nature of the discharge he would get from the Air Force. This was ironical because it compounded rather than re-

lieved his worry over his financial commitment, which could have contributed to his outburst. Mr Leggat said Small was ashamed and quite genuinely remorseful at the tragedy that had overtaken the whole family. Stole Wire “It seems such a pity that a man like this, who is a firstclass worker with no previous convictions, should blot his record in this way,” said Mr Justice Macarthur, fining Malcolm Andrew McLauchlan, aged 40, a driver (Mr P. G. S. Penlington), $3OO on a charge of stealing copper wire valued at $423 from the Post Office. McLauchlan was given 12 months to pay the fine, and was placed under the supervision of the Probation Service until it was paid. lan Murray Clegg, aged 35, a scrap metal dealer (Mr R. L. Kerr), was convicted of the same offence. His Honour sentenced him to 18 months imprisonment.

“It was a bold, well-planned theft,” said his Honour. “A truck was taken into the railway yard and you two—and it may be, one or two others —then stole a drum of telephone cable. Fortunately you didn’t get away because the vigilance of the police patrol was too good for you.” His Honour said there was no doubt that Clegg stood to benefit most from the crime. He was in a business in which the metal could no doubt be used. He had previous convictions for dishonesty, and in his opinion Clegg had committed perjury during his trial.

No Penalty Edward John Goslin, aged 34, a salesman (Mr J. E. Butler), was ordered to be released from custody and to come up for sentence if called upon to do so within 12 months. He appeared for sentence on a charge of dangerous driving causing bodily injury.

His Honour said it was very fortunate that the man involved was not more seriously harmed. Although the offence occurred on the same day and arose from the same set of circumstances as another charge against Goslin of dangerous driving, which was dealt with in the Magistrate’s Court, it was a different matter. “I think 1 am justified in not imposing a penalty at this stage,” he said.