TO BE PITIED

Evening Star, Issue 21709, 2 May 1934, Page 8

TO BE PITIED

PRISONER’S SUB-NORMALITY TREATMENT LEFT TO PRISONS BOARD ‘ 1 It seems almost too true that you are to be pitied,” said Mr Justice Kennedy, in the Supreme Court to-day, when, in sentencing James Alexander Spence Tapp to three years’ imprisonment with hard labour on a charge of incest, expressed the view that the Prisons Board would consider the question of whether the prisoner should be detained in gqol or in a mental hospital. Tapp had pleaded guilty to the offence at Glenomaru in the lower court at Balclutha. Mr G. B. P. Wilson, who appeared for him, said the evidence would show that Tapp was subnormal. He related an unfortunate family history of insanity, and stressed prisoner’s failure to realise the seriousness of the charge or of his position. His Honour said that counsel had stated everything that could be said; but even allowinug for Mr Wilson’s help it was exceedingly difficult to know, having regard to the interests of society as well as prisoner’s own interest, what could properly be done. It seemed almost too true that the prisoner was to be .pitied, and that in his family history there was to be found some explanation of his crime and his apparent indifference to its serious nature. Accused was thirtythree years, old and the unfortunate girl was fifteen years old. All he could do was to protect society from Tapp. But while sentencing him to a term of imprisonment he expressed the view, on which he was sure the prisons authority ■would readilv act, that prisoner’s mental condition should be specially examined. If it should appear that Tapp was so definitely subnormal and that his proper place was not in a gaol but in a mental hospital, the prisons authority would no doubt take the necessary of three years’ imprisonment with hard labour was imposed.