CONVICTION QUASHED

New Zealand Herald, Volume LXXIII, Issue 22421, 18 May 1936, Page 10

CONVICTION QUASHED

YOUTH'S APPEAL UPHELD CASE OF ALLEGED ASSAULT SYDNEY, May 16 The appeal of Charles Bennett, aged 15, who received a sentence of three years' imprisonment on a charge of indecent assault on a .young Italian ■woman at Parramatta, six others being sentenced to death for alleged capital assaults on thfe same woman, was before the Full Court of Criminal -Appeal yesterday. The youth's .appeal was upheld and the Court quashed his conviction on the ground that there was no satisfactory evidence even of an attempt by him to assault the woman.

Appeals by the other six youths against the death sentence were adjourned until Monday. They are: — Henry I?owe, 20; George Thornley, 18; Harold Th&rriley, 1G; Hardd Maloney, 19; Percival Tovey, 17; and Bupert Cowell, IG.

Six of the youths referred to in the cablegram were found guilty in the Sydney Criminal Court on March 18 of committing a capital assault on a young Italian woman in Parramatta Park on the, night of January 3. Mr. Justice Stephen sentenced them to death. The.' seventh youth, Charles Bennett, was convicted of indecent assault and sentenced to three years' imprisonment. When the jury's decision was announced a number of women relatives of the accused screamed and created an unprecedented scene. They collapsed on the floor of the Court and five had to be removed in an ambulance. The -defence, put forward was that thci woman, who could not speak a word oi! Jfinglish, was a consenting party *