THE DUTY OF MAGIS-TRATES.

Dominion, Volume 1, Issue 173, 15 April 1908, Page 11

THE DUTY OF MAGISTRATES.

, , VIEWS OF ACHIEF JUSTICE. light; sentences fob-assaults.' Tho,f requonfc unevonncss of '.justice,, as fa.r as dealing with assault cases and cases of . ; theft,is concerned, has been .taken-up by tho i NewsZealam] Press from timo.to time, but it; is -still ;.thei common -practice" of-.-some Magixv'.:. : trates'-to fine a man for an. assault,-whilst at the same sitting of .'the. Court another offender ■is committed ito. prison'.' without' .being given l ,the option.of a fine for a.trivial-theft..t::Ncw. Zealand is- not the only, country mi which . ; .this> niattrSr' ?has : i. ! attractedj'jaitentionj/the. , action;of tho'Sydney;Magistrates'.':h&vii)g''be- - come so pronounced'that .Sir Fredcnck v;Dar- . : loy, : Chief ' rcoentK*. remarked on it from .tho Bench. His Honour, was not at all satisfied ,!with' ■the"punishmcUt, ; , irioted i . out in i , eomd of thty Magistrate's. Courta for serious'i assaults, and ho made pubiic.his views .-on. thoi| question w'hen summing up to" tho jury :in an i assault; cate-on April.'2. -. Comment having 1 bce'n'.mdde' by counsel for defendant upon the) ■ fact" that the:casi had been brought mtothe Supreme Court when it might have boon dis- . . poSed" of in.-tho I'olico Court, His Honour ; said, that-from what ho'saw of the way m which, dealt with-by Magis- ... trates.ho was not surprised that the man who hadbwn-. badly should prefer-to-go ■ to the Supreme Court. .There were cases'ill' . . which meii' had. been kicked, nearly to death, - ■■ and.>iheyi;found-:- in:' the '/Magistrates' Court that/after- an appsal was made to tho prosecuting advocate-as to 1 what punishment ho ■ ■ askM.'for,' ; .'ahd: ! .;'to' ■ tho '/prosecutor "as -'.to : . whether, lie\^sha ; [\to •'6eeV.'P'uriisKmoht"'in- ■, Magistrate .said, " Well, in", these .' circumstances,, ifyou. do not. .want this man : . pullishedj .1 will, givo him a month," whereas .te ought.';to. have given; him six montfa. He: ~ (the Chief - Justice!) said advisedly that some , police; Magistrates 'in Sydney—hV could not '. speak, aboutj .the- country . Magistrates—were not;doing.their.duty. 1 • Assaults'-were committedi on-tho police whichonght to be pun- ■; jshed by imprisonment. There ought to be ... . imprisonment, 'not, fines, for such assaults, . for _ the police wore there in the discharge of their iduty, and: anyone who interfered with . them ought to be severely punished. To'fine; . . -a man 40s. for,a-,bad assault on a-policeman • was tr(fiing,,with. tho\administration of 'jus- ' 1' Vt k' lo head of the'judiciary in this State,", said His Honour,, "and I know ■•the eifect of.my words, anda hope,!! he con- : tinned,; with emphasis, "that what I am . Baying, will- have a .good effect, too, and oompol; ; some of,-theso. Stipendiary Macis- . trates,to do; their duty." An unfortunate wo- ■ man have . been tempted to. tako v something off. a shop counter will bo sent to gaol for a couple of months, while a man who ondangers life by an assa,ult is sent'.to prison tor a, month, and tho man who commits an assaulfeon tho custodians of the law'is fined 405..--ilt's disgraceful.":