INFANTEIDE CASE

Grey River Argus, 22 February 1938, Page 4

INFANTEIDE CASE

CHIEF JUSTICE’S VIEWS N.Z. Legation Needed [Per Pre Association.] NEW PLYMOUTH, February 21. In the course t’ his address to the Grand Jury at rhe opening of the sessions of the Si )reme Court at New Plymouth, the (aief Justice (Sir M. Myers), dealin;; with a charge against a younj unmarried woman, of the murder >f her newly-born child, referred tc the passing in England in 1922, o: what he termed a very humane / :t, “The Infanticide Act,” which we: designed to meet such cases in hich the act upon which the charg was based was believed to have b en committed while the woman’s mir I was unbalanced on account of the efects of giving birth to the child. His Honour re d the chief part of the Act to the r embers of the jury, and said that where the. woman caused the deatl of her newly-born child, but at the time of the act of murder, was n>t fully recovered from the giving <f birth to the child, and by reason Mereof, the balance of her mind was listurbed, she would be guilty of a felony which was termed infanticide. r lhat was something different from insinity, that Act had

never been copied in New Zealand. “We have not followed the English legislature,” said Sir. M. Myers, “and passed a corresponding Act, which seems to )e a very humane Act. Whether it vould apply in this particular case, I can’t say, but if it had been in force in New Zealand, it would be a quest! n for the trial jury to consider.” “It may be,” continued Sir M. Myers,” that you may think that an Act on these lines! should be brought into force in New Zealand. If you think that it is bompetent for you to make some presentment to that effect, the Grand Jury always has the right to make any presentment on any matter of this or any other kind, and if you think it desirable that such should be enacted in New Zealand. If you do, I can assure you. it will be forwarded to the proper quarter. In the meantime, we have no such Act. If you find, as I apprehend, you will, a true bill, it may be a matter for the trial jury to raise the question of the present charge being reduced. When the jury returned a true bill in the case under consideration, they also recommended that similar legislation to that to which His Honour had referred should be enacted in New Zealand.

“I may say at once,” said Sir Michael. “that I think it is a very proper recommendation, and it will have my support in forwarding it to the Minister of Justice. This is really an instance of the value which a Grand Jury may be to the community,” said His Honour.

Verdict of Manslaughter

JUDGE'S DIRECTION TO

NEW PLYMOUTH, February 21.

Charged with the murder of a newly born child on a farm at Ngaere in December, an unmarried woman, Stella Elizabeth Sedgman, aged 21, was found guilty of manslaughter. The Jury recommended that the highest degree of mercy should be extended to the girl. The sentence was deferred till Thursday. The child was found in a deep hole in an outhouse on a farm where the girl was employed, and died in the hospital soon afterwards.

Mr. R. J. O’Dea, in defence, contended that the girl was in such a condition that she was not aware of the quality of her act. In placing the child in the hole, she did not know whether it was dead or alive, and only desired to put it out of sight.

The Chief Justice (Sir M. Myers), said he would take the responsibility of directing Jury, if it found the main facts proved, to take a more merciful view and find a verdict of manslaughter. The Jury was retired for twelve minutes.