SEVEN YEARS' GAOL

New Zealand Herald, Volume LXX, Issue 21562, 5 August 1933, Page 9

SEVEN YEARS' GAOL

DEATH OF WOMAN MARRIED COUPLE SENTENCED COMMENT BY JUDGE . "CASE OF GREAT GRAVITY" Sentence of seven years' imprison-, ment was imposed by Mr. Justice Smith in the Supremo Court yesterday oil Robert William Campbell, aged 37, described as an inventor, and bis wife, Mary Campbell, aged 39. They were jointly found guilty last week of unlawfully using upon a young woman, whoso death occurred at Taumarunui on April 20, an instrument or other means. Mr. Singer appealed for the penalties to be made as light as the .Court could justly and reasonably make them. In the eyes of the law the crime of which ' prisoners had been convicted was very serious, but in these more or less enlightened times the savagery of the penalty which the law could impose had become obsolete. *. • ■ • "The time has now come when there should bo some further consideration of .'•is class of offence,'' counsel said: "Latterly other Judges in other countries have been commenting freely on the position of the law with regard to this tj'pe of ' offence and have been urging that a different viOw should be taken. Counsel's Comment "In my view the principal criminals in this case w r ere the originators who obtained the performance of the crime. The one who is alive goes scot free as a reward for going into the witness box. I submit it is perfectly clear that if the man who gave evidence in this case had not insisted on the girl leaving Auckland when she was not fit to do so there would have been no death. That misfortune should not bo allotted to the conduct of either-of the prisoners. The girl had every attention from prisoners ■and from a medical man who was called in as soon as any sign of danger arose." Mr. Singer said there was a difference between the two prisoners. There was nothing against their characters in the past and it could not be suggested that their practice had been carried on for any length of time. His Honor: The report is that they have been carrying on a very extensive practice, necessitating their removal from Sea'view Road to Pencarrow Avenue. Male Prisoner's Ofier Counsel said it was definite that the practice could not liavo been carried on for any length of time. The death was the responsibility of someone else at a time prior to that when the girl went to prisoners. His Honor: There is no evidence of that, Mr. Singer. ; Counsel: No, sir, but there was sufficient to satisfy any medical man that there had been prior interference. I did not bring this out in the trial because it might have prejudiced the prisoners. His Honor: I cannot see how it could do that. Counsel said the male prisoner desired to take the entire blame on his own shoulders. Mrs. Campbell was in bad health and was the mother of five children. If she was only compelled to assist her husband the sentence in her caso should bo exceedingly light. He urged that the modern outlook on this class of offence should be taken into consideration. ; , His Honor: Are you suggesting that any person at all should be permitted to carry out this operation? Counsel: The penalties inflicted in the past have often not been fair and just penalties. Mr. Hubble, for the Crown, said both prisoners had been found guilty of the charge and there was no evidence to show that the male prisoner alone was to blame. Evidence by Campbell Mr. Singer called the male prisoner, who gave ovidence that he alone was responsible for the performance of the operations. His wife did not even know the means employed and had never done more than assist in subsequent nursing of patients. His Honor said that on the question of tho division of responsibility he would think tho matter over and pass sentence in the afternoon. When tho case was called after tho luncheon interval Mr. Singer said he wished to point out to His Honor that tho male prisoner had been in custody since April 28. "The male prisouer has given evidence in support of his counsel's statement that lie was the more responsible party," His Honor said. "Such evidence is obviously open to the gravest suspicion and I have, como to tho conclusion that it ought not to bo admitted or, if admitted, acted upon. If evidence to separate the guilt of the prisoners was to be given, it should have been given during the trial. "The facts have been concluded by tho finding of tho jury. Both prisoners are guilty of the offence charged and 1 fully agree with the jury's verdict. Apart from this, 1 do not believe the male prisoner's statement. " A Dangerous Practice " "Counsel submits in mitigation of punishment that tho law is regarded as obsolcto by public opinion. My first observation on this is that the law stands and must bo enforced. My second observation is that I do not agree with, the view submitted by counsel. The practice of abortion in tho hands of persons who are not properly qualified medical practitioners is in a high degree dangerous to the lives of those operated on. There is no public opinion that I know of which would lessen tho safeguard provided by the Crimes Act in favour of the lives of those who are willing to submit to an operation at the hands of unqualified people. "In the present case tho young woman lost her life. On the ■ evidence she went to tho house of the prisoners a healthy woman and within a day was in a highly dangerous state of health. I am quite unable to dissociate tho woman's death from tho acts of the prisoners. The case is, therefore, one of great gravity. "l am unable to distinguish between cither prisoner. The reports show that an extensive practice has boen carried on. I have, however, only to sentence these prisoners for the particular act of which they have been found guilty, resulting in tho death of the .woman. Each prisoner,. will be. sentenced to seven years' imprisonment with hard labour."