CRIMINAL SITTINGS.

Dominion, Volume 2, Issue 497, 3 May 1909, Page 11

CRIMINAL SITTINGS.

. THREE MONTHS FOR ASSAULT. . ' ; On- Saturday morning Andrew Godbaz, whoso conviction on a chargo of having asEdward' Arthur Coley, at Palmer-; ston North'j'was ; recently-sustained .by tho Court'of .;.Appeal,' was -set forward- for sentenco before.'Mr.' Justico Chapman.. ■ - Replying to' tho lisual question, prisoner said : This'is myMirst offenco. I would like probation. ~ . Addressing - prisoner, :: his Honour said:This is not a case inWhich I can admit you :to probation. The ; whole'of the circumstances havo to be taken into consideration, including certain .circumstances favourable ; to'yourself, ,viz;, that'you'had a certain amount of provocation: in; tho; way of prior figliting and squabbling with Coley. What is before iuci is this:.-"l'ou..havo been con-victed-of a .very violent assault. It is truo ; that . the. jury . found/grounds; for reducing it to one of common assaultj'; meaning that you, did not assanlt' Coloy, ivith. the intention . of prodncing tho' serious 'injnries. that wero prcklucod. In ; niy 'opinion, it must have , been "a~'violcnt ; assault—an -unusually violent assault. Thoro aro other circumstances which put this case outside the bounds of those, in which . probation should be allowed. , You'.deliberately'waylaid this Vman; formed a'design to assault him; and t-opk another man with you so that in case you got tho worst of. it you'; had someone .to assist you. •It. is true, that.;Coley . .had .himself shown ah inclination . 'to violence, ; but he is not quite your equal in respect of Bize and build. There .is ! reason to boliovo that the .man ,'whoni you brought as a 'witness was not ; the man * whom you 'took with you on the night ■in • question. '; and that the' jury did L not,'.believe his evidence. : " ■ Vv/-In a case of ' assanlt . with vidr lonce," continued i, his l Honour, ; "imprisonment must follow. Some people hold tho idea that ; a man ' can . pay/ his; way ' through this kind, of, might ; say.;that, .I, am not going to support that idea." ' .. -His Honour, imposed a sen±enco of '; three months, to. date^back' to' tho - time of trial., ;