Man jailed for voting twice

Press, 16 December 1981, Page 2

Man jailed for voting twice

Ten days imprisonment was imposed on an Ashburton man convicted of dual voting when he was sentenced in the District Court there yesterday.

z The defendant, Brian James Abernethy, a workman, aged 24, had earlier admitted a charge of personation by voting twice in the General Election on November 28.

His counsel, Mr P. Gregg, said that on the day of the election, Abernethy and a friend had been butchering sheep in the Pendarves area, and afterwards had drunk a lot of beer. On the way back to Ashburton, Abernethy had cast a vote at the Pendarves Hall polling booth, and then, as a prank, he had decided to vote again. He had cast a second vote at the Pipe Band Hall.

Mr Gregg said that Abernethy was notpolitically motivated, and regarded his action as a practical joke. This was reinforced by the fact that he had used his own name both times When voting, and that he knew the officers at both polling booths. It had been an entirely Unthinking act of stupidity, for which the de-

fendant was extremely sorry, and apologised to the Court. Judge Hay said Abernethy appeared before the Court as a result of a very foolish, bat all* the same, deliberate act.

“You have said yoartdidj this as a prank, but it most be regarded seriously,, as it cuts across the fabric of bur democratic way of life and system,’’ the Judge said. “The maximum penalty for the offence is 12 months imprisonment or a very heavy fine, but taking into account the probation officer’s report, matters brought up by your counsel, and the fact that Christmas is approaching, I have decided to impose a sentence of 10 days imprisonment.” In Wellington, a spokesman for the Chief Electoral Officer, Mr Peter Horne, said the case might be the first in which someone convicted of. voting twice , had been jailed, according to the Press Association.

The spokesman said there were about six convictions after the 1978 General Election,, but the defendants had been fined. He said no-one could remember a defendant’s being imprisoned before.