FLOGGING SENTENCE

Nelson Evening Mail, Volume 76, 11 June 1941, Page 2

FLOGGING SENTENCE

NOT YET CARRIED OUT [From Our Own Parliamentary Reporter] Wellington, This Day. Notice of question given by Mr W. P. Endean (National, Remuera) in the House of Representatives yesterday afternoon, asked the Minister of Justice (Mr Mason) whether the flogging ordered by Mr Justice Blair had been carried out on the four prisoners who escaped from Auckland gaol after assaulting warders. Mr Endean claimed that any failure to carry out the sentence would mean the removal of a deterrent to others, and might affect the discipline in the gaols of the Dominion. The four prisoners referred to escaped from the Auckland prison on the evening of Ist October. Twenty strokes each and the addition of 12 years’ imprisonment with hard labour to terms they were serving on other charges was the sentence imposed by Mr Justice Blair on 14th February. Two of the prisoners appealed against the sentence on the ground of its severity, but the Court of Appeal, early in April, held that the sentence was not excessive in view of the gravity of the offences. The Chief Justice (Sir Michael Myers), in delivering thr judgment of the Court, said that the punishment imposed was undoubtedly severe, but the circumstances, equally without doubt, called for severity. Section 27 of the Crimes Act, 1908, provides that a flogging must be carried out within six months from the passing of sentence, in this case between 14th February and 14th August. Questioned on the subject yesterday the Attorney-General, the Hon. H. G. R. Mason said that the flogging sentence had not yet been carried out.