PRISON TERM

Press, Volume CIX, Issue 31906, 6 February 1969, Page 8

PRISON TERM

Sentence On “Light Side”

“There is justification for every day of the six months imprisonment imposed by the Magistrate,” said Mr Justice Wilson in the Supreme Court yesterday, when dismissing an appeal against sentence by Joseph Riley Grace, aged 29, an unemployed driver. “I am not sure, under the circumstances, that the sentence is not on the light side, having regard to the appellant’s previous record," his Honour said. Grace (Mr F. B. Perry), bad been sentenced to six months imprisonment on a charge of assaulting Kevin George Marsh on November 29, with intent to injure. Counsel's Submissions Mr Perry submitted that the sentence imposed seemed at first sight warranted, as the appellant had previous convictions for offences of violence. There was no evidence, however, that he had even threatened to use a knife he had had in his possession.

“He was certainly guilty ■ of assault, but my instruct- , ions are that he didn't really , intend to injure the complainant," Mr Perry said. “Six - months seems a bit longer ' than was justified." His Honour said the appellant had assaulted a man I found consorting with his ■ former mistress. He had de- > livered several powerful ■ punches to the head and face. It was clear that such acti tion sprang from jealousy, i Even though the appellant : had not used the knife, it • was significant that he had ' armed himself with it, his Honour said.