VERDICT GIVEN BY JURY ON THIRD TRIAL OF YOUTH

Gisborne Herald, Volume LXXVI, Issue 23091, 2 November 1949, Page 8

VERDICT GIVEN BY JURY ON THIRD TRIAL OF YOUTH

(P.A.) AUCKLAND, Nov. 1. The second retrial of Robert Courtney Reece, aged 19, labourer, oil a charge of the attempted murder of his brother, William Charles Reece, at Onehunga, on April 21, was held before Mr. Justice Stainton and a jury yesterday. At the previous trials held in August two juries failed to agree. The accused was also charged with wounding with intent to cause grievous bodily harm, causing actual bodily harm by a negligent act, and common assault.

In opening the Crown case, Mr. V. R. Meredith said the charges arose from an incident at the home of the accused when his eldest brother, William, was shot at close range in the stomach with a pea rifle. William had served overseas in the Air Force and on his discharge had taken his place as the head of the family. The accused had been running wild during the war and William had tried to straighten him up on his return. Given a Hiding Mr. Meredith said that, on the night of the alleged Shooting William was having his tea in the kitchen when the accused came home after being out rabbit shooting with two pea rifles. The accused had gone to his room and tried to borrow some money from his brother and his mother and when William heard of this he gave the accused a hiding and went back to his tea. While still smarting under the chastisement, the Crown alleged, the accused had entered the kitchen with a rifle. A scuffle took place in the passage with Mrs Reece trying to get hold of the rifle and William was shot in the stomach. The accused later went to the police station at Onehunga by himself and told a sergeant that he had shot his brother, who, he alleged, had been knocking him about. Acted In Desperation For the accused, Mr. Fortune said that he acted in self-defence. It was admitted that the accused provoked his brother to assault him, but when his brother made for him he retreated down the passage. The accused was in fear for himself as he had been badly treated previously by his brother and had been given a hiding that night. He finally acted in desperation and there was no element of deliberation in the offence. in returning a verdict of guilty on the charge of causing actual bodily harm by a negligent act, the jury added a rider that it felt the action of the accused was caused by the influence of the environment of the youth’s acquaintances. It was felt that this influence should be taken into consideration when the accused was sentenced. His Honour remanded the prisoner for sentence. Bail was allowed.