MERCER SHOOTING CASE

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

MERCER SHOOTING CASE

FIVE YEARS IN BORSTAL COMMENT BY JUDGE "It appears you have a character of a somewhat desperate type," said Mr. Justice Smith in the Supreme Court yesterday in imposing a. sentence of five years' detention in a Borstal institution on Christopher Niven, who was found guilty lust week on a charge of discharging a revolver with intent to injure James Pennington Bates, at Mercer, on April 14. In making a plea for leniency, Mr. Noble said prisoner was only 18 years of age at the time of the incident; He hail been out' of work for some time and had apparently grown rather desperate. Prisoner still maintained that the revolver went off accidentally and that there had been no intention on his part to shoot. His Honor said the offence of which prisoner had been found guilty was very serious and he had no doubt the jury's verdict was right. "It is quite plain you went into the garage without money to pay for the benzine you ordered,' 1 His Honor continued, "and it is 'quite plain that you intended to prevent Bates from detaining you. You say that you did not intend to pull the trigger, but you must take responsibility for the fact that the gun wont off. ' : : v

"This -offence was committed while you were on probation. Yqu must be placed under restraint for a considerable time, but in view of your age I propose to give you a period of Borstal training. However, the maximum'term will be imposed."