APPEALS FAIL

Gisborne Herald, Volume LXVIII, Issue 20527, 10 April 1941, Page 4

APPEALS FAIL

MT. EDEN PRISONERS SENTENCES FOR ESCAPE GAOL AND FLOGGING UPHELD BY FULL COURT (l’or Press Association.) WELLINGTON, this day.

The Appeal Court yesterday dismissed the appeals of John Homy Silva and Bryan. James O’Hehir against sentences imposed at the Auckland Supreme Court on February 14. Both the accused were sentenced to 12 months’ hard labour cumulative with the sentences which they were then serving and one flogging of 20 strokes on the charge that, with intent to break prison, they did with violence render prison officers incapable of resistance.

In delivering judgment, the Chief Justice. Sir Michael Myers, said in these cases the punishment imposed was undoubtedly severe, but the circumstances called for severity. Three warders had been injured and it was a miracle that one of them, Mr. Crawford, had not been killed. He had in fact survived, but these men had made of him alphysical wreck. “Exceptional Circumstances”

The punishment of flogging was very rarely imposed in this country, added the Chief Justice, and it was never imposed save in the most exceptional circumstances and after anxious consideration. These cases were exceptional and the judge could not properly have clone otherwise than make a measure of corporal punishment part- of the penalty. If that punishment were not imposed as a deterrent to those and other prisoners who might be similarly minded, prison warders would not be sufficiently protected.

The Chief Justice added that the law provided that flogging should not be inflicted if, in the opinion of the medical officer, the prisoner was not physically able to bear it. Referring to the term of imprisonment, Sir Michael Myers said it was a lengthy one but. in view of all the circumstances and the obviously dangerous character of the men, the court felt, in public interest, the sentence could not, with propriety, be interfered with. The matter of their release after they had served a substantial portion of the sentence was largely in their own hands. They must, by their conduct in prison, satisfy the Prisons Board that in the public interest it would be safe to allow them to be at large. For these reasons leave to appeal in these cases was refused.