APPEAL FROM SENTENCE

Hawera Star, Volume LIV, 10 December 1934, Page 8

APPEAL FROM SENTENCE

Young Man Found Guilty on Two Serious Charges JUDGE ORDERS FLOGGING COUNSEL’S CONTENTIONS CBy Telegraph—Press Association.) WELLINGTON, To-day. The Court of Appeal to-day commenced the hearing of an application made on behalf of Christie Spence, of Dundin, for leave to appeal from the sentence imposed upon him at Dunedin by Mr Justice Kennedy on October 30, when he was found guilty upon two charges of rape and sentenced to seven years’ imprisonment with a flogging on one charge, and seven years’ imprisonment oil, the other, the sentences to be concurrent. For the appellant Mr Sievwright stressed the age of the accused, saying he was but 23, and submitting that the whole circumstances indicated that the offence arose from his youth and lack of control and indulgence in alcohol. He quoted an authority to establish a proposition that inflammation of the passions by excessive intoxication was a matter that had to be taken into consideration by the court in considering the sentence. The evidence distinctly showed that there was violent opposition in the early stages of the crime, but that eventually ceased and Spence in his intoxication may have imagined that consent had been given. The locality of the crime also was a factor which the court should consider. If Spence was to be believed that they returned to a secluded spot, an inference could be taken which would justify Spence’s belief that consent had been given. Another factor was that, although many persons had been seen by the girl on her return to an hotel, not a complaint had been made by her as to Spence’s conduct, although there was ample opportunity for such a complaint to be made. Dealing with the flogging ordered to be imposed, counsel submitted that such a flogging would result not only in the disfigurement of the body, but also of the mind. He contended that flogging was a relic of barbarism, and thaT it was not proper to impose it for a crime which resulted from mental impulse aggravated by intoxication. Argument is proceeding.