IF A WOMAN IS KISSED AGAINST HER WILL

Dominion, Volume 30, Issue 259, 29 July 1937, Page 12

IF A WOMAN IS KISSED AGAINST HER WILL

Held to be Indecent Assault CHIEF JUSTICE GIVES RULING By Telegraph—Press Association. Palmers!on North, July 28. “If a man kisses a woman against her will, it is an indecent assault. 1 don’t say it is an indecent assault of a bad kind, but it is an indecent assault just the same,” said the Chief Justice, Sir Michael Myers, in the Supreme Court to-day. “I have recollections of Chief Justice Prendergast, 40 years ago, ruling in that direction at Wellington. I adopt and share the view which was then taken, so I direct you —and by my direction it is n matter of law—thab if a mam kisses a woman against her will it is an indecent assault. < The Chief Justice made these remarks in his summing up in the trial in which Hector John McDonald, aged 39, was charged with indecently assaulting a young woman. ■ The Chief Justice added that the case assumed a slightly more serious aspect, if the evidence of the woman were accepted at its full, for she alleged that in addition to kissing her he committed certain other actions.. “A further direction I give you is that if you are able to find in all the circumstances of the case that accused had no intention of any indecency, it is competent for you to find him guilty of common assault,” said the Chief Justice. “Kissing a woman against her will would certainly amount to common assault, if not indecent assault.” The jury found accused guilty of common assault, with a recommendation to leniency. McDonald was remanded for sentence. discussions on this subject not only with His Majesty’s Ministers in the United Kingdom, but also with the responsible heads of the British Services, and I wish to say how greatly I appreciate the extreme helpfulness of everybody concerned, their anxiety not to force on any Dominion Government a policy that might not be acceptable to the Government, Parliament or people of that Dominion and tlie complete and generous frankness with which every possible piece of information was placed at our disposal. lam convinced that New Zealand will benefit very greatly indeed from this aspect of the work of the conference. “Linked in one sense with the question of defence were the inter-connect-ed subjects, trade and migration. Lengthy discussions took place on the question of trade generally, not only within the Commonwealth, but also from the international point of view. The Hon. W. Nash had, of course, been engaged witli great energy on these subjects for some time before my arrival, and indeed, discussions are still continuing. “On the subject of migration,” added Mr. Savage, “I made it plain that the New Zealand Government could not, if only from the point of view of the migrants themselves, embark on a renewed policy of migration until it was clear whati on their arrival in New Zealand the migrants were to do. Clearly in a country which is peculiarly suitable for primary production migrants would normally be placed on the land, and I made it quite plain that until it was clear that a market was available for the additional produce that would result there could be no advantage to be gained by such a transfer 8f population. “We had detailed discussions on the subject with the Overseas Settlement Board, of which Lord Hartingdon is chairman, and the Secretary of State for Dominion Affairs, the Rt. lion. Malcolm MacDonald, is arranging to set up all the necessary machinery in order that it may be available for immediate application as soon as circumstances allow of the renewed migration which we all desire. In this connection I reaffirmed the policy which we had already expressed, namely, that to the extent that the United Kingdom would purchase the expanding primary products of New Zealand we, for our part, would be prepared to devote the whole of the proceeds so derived to the purchase of goods in the United Kingdom, and I added that if New Zealand could find no market for her expanding primary produce it .would be essential for us to endeavour to facilitate a more balanced economy in New Zealand by building up local manufacturing industries and thus extending our internal market. Shipping and Air Transport. “One matter discussed at the conference whieli is of great importance to New Zealand was that of shipping, and, as a result of those discussions, it seems 1 clear that modern vessels under the British flag will be available for the trans-Pacilic service at uo very distant date. “The question of air transport also received lengthy consideration, and while discussions were not finally concluded it is probable that in this case also air. transport between all portions of the Commonwealth will be in operation in the near future. “I need not say,” concluded Mr. Savage, -“how happy, I am to be back in'New Zealand where I feel I belong, and where the foundations of all our activities must be laid. This experi-en-se has 'been most interesting and most valuable to me, pnd while at this conference, as in the case of most conferences, one could not help feeling that there was some reluctance to approach realities and actually to tackle the problems involved, I am nevertheless convinced that some useful work was done and that it is essential that the Prime Minister of New Zealand, whoever he may be, should be present at such gatherings. “I cannot conclude without referring to the warm and generous hospitality that was extended on all sides to myself, my colleagues tyid stuff. Nothing could have exceeded the kindness with which we were received in all quarters; and the personal contacts facilitated by such visits are not. the leastvaluable aspect. lam very grateful to my colleagues in New Zealand for the extra work ami responsibility which they have so ably undertaken during my absence. It must have entailed a good deal of strain and placed a heavy burden upon them.”