WEST SHOOTING CASE

Northern Advocate, 15 June 1931, Page 6

WEST SHOOTING CASE

KERR SENTENCED SEVEN YEARS’ HARD LABOUR. DELIBERATE ATTEMPT TO KILL. (Special to "Northern Advocate."? HAMILTON, This Day. “The sentence of the Court must be one which will not only punish the culprit in a way that he will have cause to remember, but it must be such as to warn ’Others who have little regard for human life,” remarked Sir Alexander Herdman today in sentencing Frank James Kerr, aged 40, a carpenter, of Te Awamutu, for the attempted murder of, Gertrud© Edith West on .January 24, to seven years’ hard labour. Speaking on prisoner’s behalf, Mr Strang pointed out his former good character. He said Kerr’s manner was customarily reserved and his disposition harmless, and if was difficult to know exactly what motive prompted him to do something which was totally inconsistent with his disposition. There probably always would be crimes of passion, and it must have been Kerr’s infatuation for the girl that formed the foundation for the crime. It would seem beyond question that during the few days immediately preceding the occurrence prisoner had been rebuffed by the girl. That must have weighed on his mind and induced in him a certain depression. Counsel said he felt that the whole affair could be described as an uncontrollable act, dictated by a sudden impulse. Moreover, prisoner had been drinking heavilv some days prior to his offence. Deservedly Convicted. Addressing the prisoner, His Honour said it was difficult to determine what punishment was most appropriate. Prisoner had, he thought, been properly convicted of deliberately attempting to kill a girl. There wore some people in the community whoso sympathy in cases of this description went out to the accused person, but who had little regard for those who suffered as a result of the crime. He regretted to note that recently crimes of murder and attempted murder had figured prominently in the criminal calendar. Whether that was due to inadequate punishment or arose from some other cause, he was unable to decide.

In the present ease the police report showed that, apart from drinking heavily, prisoner had been regarded as a good worker and a law-abiding citizen. Mr. Strang had made reference to an uncontrollable impulse. He (the Judge) was not aware of any evi-. dence to justify the jury or any one else engaged in the trial in believing the prisoner had so acted. It seemed to him that, prisoner deliberately did what he Avas now to be punished for. It was plain that for some obscure reason ho had made up Ins mind to revenge himself upon Miss West, and that ho deliberately shot her. But for the intervention of Mr. Ward, a man over 70, prisoner might haA'e done further damage.

His Honour told prisoner he would not send him to prison for reformatiA’e detention. In his opinion this ease was one in which a less merciful form of punishment should bo inflicted.