SHORT SENTENCE

Manawatu Standard, Volume XLVIII, Issue 136, 9 May 1928, Page 4

SHORT SENTENCE

DRYSDALE GETS THREE MONTHS. GUILTY OF ASSAULT. After a retirement of lialf-an-hour, the jury in the case in which Keith Drysdale was arraigned on charges alleging offences against a girl over the age of 12 and under 16 years at Levin on February 11, returned with a verdict of not guilty on the major count and guilty on the second —indecent assault—with a strong recommendation to mercy.

In his summing up, prior to the jury retiring, His Honour said that, in regard to the first charge, the doctor’s evidence was not corroborative of the girl’s; it was merely consistent with it. In regard to the second charge, it was only, if the jury believed that the girl was a consenting party that they had to consider the defence raised by accused —which, being under 21 years of age, he had the right to raise—that he had reasonable excuse for believing that she was 16 years of ago or over. However, the onus was on accused to prove that and no evidence had been given on his behalf to establish such claim. If she did not consent, which was the man’s own admission to the police, he had been guilty of indecent assault.

On the jury’s verdict being announced, Mr Cooper, speaking on accused s behalf, said that temptation had come his way and he had fallen. He was not yet 20, and counsel asked that he not be sent to prison. “1 am going to deal with you extremely lightly,” said His Honour, addressing prisoner, ‘‘but I am not going to give you probation. A short sentence will teach you a lesson and have a detrimental effect on others. Young girls cannot be tampered with with impunity. Taking into consideration tho recommendation of the jury I will sentence you to three months’ imprisonment with hard labour.”