Spensley Sentenced To Four Years’ Gaol

Northern Advocate, 25 May 1938, Page 5

Spensley Sentenced To Four Years’ Gaol

[Per Press Association. Copy right. ]

AUCKLAND, This Day,

A term of four years’ imprisonment was imposed by Justice Fair in the Supreme Court today on Francis Borgia Spensley, 19, found guilty by the jury recently of manslaughter of his father, by shooting him with a pearifle on a farm at Swanson. Before sentence was passed, Mr Allan Moody, for accused, made the plea that justice be tempered with mercy. Because he had not the usual mental capacity, the youth committed a dreadful act under the sti’ess of terror of physical punishment. Two Shots Fired. “The fact that a jury acquitted accused of a graver charge shows that in their opinion -at the time he fired the shot he acted under provocation, which caused him to lose self-control and obey the impulse of the moment,” said His Honour. “There remains the fact that, when he fired two shots, he knew they were likely to cause his father’s death.

“Yet he fired not once, but twice,” said His Honour, “This was an act which the law and right-thinking people regarded as the gravest of offences. No one is entitled to take life except in selfdefence, and the sanctity of life . must be respected.” What counsel had said would bo taken into consideration. At the same time, His Honour was not satisfied that the conditions of accused’s life were so difficult as the evidence indicated. Accused was old enough to realise the great gravity of his act, and his subsequent conduct showed no sign of remorse. “I desire to make the sentence as lenient as possible,” said His Honour, “but it must bo such as will make clear that the law is determined to mete out adequate punishment to those who take the lives of others.” His Honour added that the least sentence that could be imposed was four years’ imprisonment. That does not mean that he will not be able to go into an institution where he can have the guidance of officers such as his counsel referred to.