"GIGANTIC EGOISM"

Evening Post, Volume CXXXIII, Issue 41, 18 February 1942, Page 6

"GIGANTIC EGOISM"

APPEAL DISMISSED

A MILITARY DEFAULTER

Commenting that the appellant, appeared to be suffering from; egoism that amounted almost fo megalomania, Mr; Justice Ostler, in the Supreme Court; today, dis-' missed the appeal of Michael Young, organiser, aged 25, against the sentence of three. months' im- > prisonment passed on him in the Magistrate's Court as a military defaulter. His Honour said hat if he had the power to increase the sentence he would.do-. so. •. Mr. W. R. Birks appeared-for the Crown, and Young conducted his own appeal. * '- ' The appellant, who had - pleaded guilty to the charge in the Magistrate's Court, submitted that the 'sentence was excessive. The; Magistrate had said, he. continued, that defaulters would be sentenced to one month's imprisonment, but he: had been sentenced to the maximum term bedaus* of his alleged subversive - activities He had not been sentenced for defaulting, but for: subversion. Next week he was going to be charged, officially with putting out • subversive literature, but he thought he .had already been sentenced for that. Until his imprisonment two and a half months ago he was secretary of; the Fellowship of Conscientious Objectors. - . His Honour: You have been punished not only as a defaulter, but as a defaulter with a record. The appellant said the Magistrate had absolutely. refused to. allow defaulters to give reasons for their defaulting. His Honour: He very wisely was not allowing his Court to be turned into a propaganda centre for your views, nor do I propose to allow this Court to be turned into a propaganda centre for your views. COURSE JUSTIFIED. ' His Honour, saying that the appeal must be dismissed, referred to the appellant's complaint that other defaulters, or a great many of them, had received a month's gaol, and that some had actually been sent, to a defaulters* camp without being sentenced. The Magistrate was absolutely justified ih treating Young more severely than others. He had a list of previous convictions which showed that he had obstructed the police and held meetings without permits, and in each case he had been treated leniently. He had been asked whether he would continue the same course, and he had said he would, and the Magistrate had then saidjt would be dangerous <to send him to'jsi: defaulters' camp. The sentence seemed perfectly just. UND'IS&^INED EMOTIONS. "This man" seeih'^' | tb^;be suffering from a species'^ of ' egbism J7 almost amounting to megalomania?: wh'O'Eputs his undisciplined emotion^^bpve. the safety and continuance "riot gorily of New Zealand, but the whole 6f the British Commonwealth of Nations," said his Honour. "Under no other system of law that exists in the world could he have had the liberty that he has been given in ,this State ahd under British law, but while the Empire is tottering under the blows of enemies who would probably cut his throat if and when they, arrive here, he continues his attitude of mind, which is nothing but a of gigantic egoism. If I had my way. if I could increase the sentence, .1 would. I say that without any heat, but to my mind prison is the best place at this moment for a gentleman of this mind." The appeal was dismissed with seven guineas costs. •" ■ ■■