MOLESWORTH-STREET ASSAULT
SUPREME COURT FINDING
HENDERSON FINED £5.
This morning, at the Supreme Court, his Honour Mr. Justice Chapman referred to the recent case in which Charles Henderson was charged with having assaulted William Fitzgerald, then a police constable.
His Honour stated that, having considered the verdict of the jury, he had come to the conclusion that the finding was clear, and that there was no necessity to refer the case to the Court of Appeal. _ The verdict was an unequivocal verdict of guilty on the count of common assault. The verdict . was the result of careful consideration and, based on Henderson's evidence, any other verdict would have been wrong in law. The jury did not find that there was justification for the assault, but that there had been sufficient provocation given. It was evidently intended, by the ■ added paragraph to the verdict, to make it clear that the jury, did not regard the case in which such punishment should be given as would be appropriate in a case of unprovoked assault. Henderson, however, must be punished. The assault had been extended far beyond the exigencies of the case.
A fine of £5 was imposed, to be paid within a fortnight.
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Bibliographic details
Evening Post, Volume XCIII, Issue 49, 26 February 1917, Page 8
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201MOLESWORTH-STREET ASSAULT Evening Post, Volume XCIII, Issue 49, 26 February 1917, Page 8
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