PROTECTION OF MEN

Evening Post, Issue 19, 23 July 1934, Page 11

PROTECTION OF MEN

A YOUTH'S PUNISHMENT

BRIEF CUSTODY

It is part-of the duty of a Judge, jiist as it is tho duty : of a-jury, . . to sco that young girls are protected from the wiles and; tho assaults of' men. It is. also necessary, gentlemen, some- ; times, in the case of. ■ girls and women .of a certain type, to- sco that: young men are protected, becauso sometimes they need just; as much protection from the other sex as.yoiing girls neod • iroin them.; That, howoyer, gcnjle- ' men, I tell you is not your affair; ' it is the affair of, the Judge. j These observations were made by the [ Chief Justice (Sir Michael Myers) in' the Supremo Court today, when summing up to the jury in a case in which Norman Eoy Hawthorn was charged with unlawful carnal knowledge. His Honour, made, an order clearing the court, but made no. order forbidding publication. of the" evidence, remarking that it ,was a'case where'post sibly publication of the material; facts might dp. some good. ... ..^. ; ; PUNCTION OF JURY. His -Honour told the jury" that they neod not fear that the consequence of their doing their duty would hurt the accused in this case very much. He hoped he had made himself quite plain. It was the function of the jury.to de-; cide a question of fact', but a direction on a question of law was a matter for the Judgo. It was the duty of jurios to taiko the Judge's direction on a question of law, and his Honour made it, plain to the.jury that the real question in the case before the Court was one of law and not fact. He thereupon discussed the'law on tlie subject. Proceeding, he said that there was no doubt that the accused had reasonable cause to believe the girl was .over/. 16.She had told him so, and she looked it, but the accused was not under the i age of 21, so that the ,law did not throw protection around him by ■ exempting him from legal responsibility. "In circumstances of this'kind," his' Honour continued, "yoii may safely rely upon tho; fact that the Judge is not going to impose a punishment when the case is, one of the man needing protection, and. not the . girl. But, gentlemen, don't misunderstand; me. Just as a Judge is required 'ti> do.his duty, so juries are required to do theirs, and a jury should not say that a person is not guilty, when they have a direction on;the law such as I have given you, and when it must be plain, if the accused's own .statement is accepted, he.is guilty, though the .case may, not be one calling for any punishment. -That is. a difEerent matter altogether." . ';/ ;•..'... !.. THE PUNISHMENT. , After a retirement ef a few minutes the, jury returned with a-verdict of guilty' against tho prisoner with: & strong- reeommendatioh; to extreme leniency. On a second charge of. a similar ; nature :he was' found ■•■ not guilty. V '.— "■.--• . .; ■.'■': ■;'•■• jlis Honour said"■' Ue was satisfied .that."it" would be' very wrong ,of ■ any Court, in .this case to impose any substantial' punishment upon the prisoneri V The girl in this case/it is true, :was under 16 years ;of age," he said, ad-; dressing tho; prisoner. "Sho told you that she was 18' or ; 19. She says so herself, and I am bound to say that she looks, more-like 18 to SO than'l4: SioTeovei-, she gave ovidonco as to hcv habits ai)d- her conduct which satisfied 'me: that'ihis .is. not a case in whiekj ta^ substantial "punishnicnt/shduld 'bp im>' posed.! I shall order ybu to be detain;ed until the- rising of the. Court,' and as" the Court proposes to. rise immediately' you won't be kept' very 'long.'' ■';' !■.'[ Inimediateiy Ms Honour'had left the Bench. ] the prisoner was feleasodv ■