BANK ASSAULT

New Zealand Herald, Volume LXXIII, Issue 22488, 4 August 1936, Page 12

BANK ASSAULT

"'VERY GRAVE CRIME" POINT CHEVALIER CASE COMMENTS BY THE JUDGE TWO YEARS' HARD LABOUR Sentence of two years' imprisonment with, hard labour was passed by Mr. Justice Fair in the Supreme Court yesterday on James Billing, who was found guilty of assault on the manager of the Foinb Chevalier branch of the Auckland Savings Bank at closing time on May 14. The charge against Billing, who was described as a bushman, aged 39, was that with intent to facilitate the commission of the crime of theft he did by violent means attempt to render James Godfrey Worboys incapable of resistance. Mr. Sullivan, who appeared for Billing, asked permission to seo the police report upon him, and this was handed him by Mr. Hubble, representing the Crown. Mr. Sullivan said ho would like at tho outset to agree with His Honor's observation that this was a very grave crime—a tvpo of crime which, when committed by a normal man, must be put down with a strong hand. The point was that the prisoner was not a normal man. The jury, by its strong lecommendation to mercy, indicated that it had in mind tho submission on behalf of the prisoner that he did not know what .ho was doing at the time. Prisoner's State of Mind Counsel said that when arrested the prisoner said something that was stupid and silly, and the only contrary fact was the evidence that he appeared to bo sober. Ho said, "Is this a hotel;-'" and if he had had legal advice at the time he could not have put up a better defence. In his statement to the police nt the time he gave an incorrect name, but his correct address Ho stated correctly that he was a war pensioner, but gave an incorrect amount. In the bank he was rot merely acting silly, but he was silly. In support of that there was his wife's evidence that ho was drunk at three o'clock that afternoon. His Honor: I cannot accept that, Mr. Sullivan, in view of tho body of evidence, apparently accepted by the jury, that there was v no sign of his being drunk at the time the offence was committed. Mr. Sullivan said that Detective Moore had said that the man seemed dazed. His. Honor recalled that there had been a struggle in which tho man had been thrown on the floor two or three it;*mes. Addiction to Drink Mr. Sullivan said the man's statement did not stand alone, and it was supported by his wife's evidence. The jury by its recommendation had evidently come to the conclusion that there was something to lio said in mitigation of the punishment that would fall on a normal man. The man's head was to some extent affected by the fact that he was carrying in it a piece of shell or bullet. Prisoner was a married man with four children, and unfortunately he had been addicted to drink of recent years, added counsel. It was most unfortunate for the prisoner that Dr. Hardie Neil, who had been attending him, could not be present to give evidence. Mr. Hubble said that the offence of attacking a bank officer in a bank with intent to faciiitate the commission of a crime was, of course, a serious one. .Although the jury apparently considered that the man's condition was not quite normal they did find him guilty of tho offence. A Fortunate Circumstance His Honor said juries were entitled to make recommendations and the Court gave great consideration to them. His,was a very grave crime. The weapon used to strike the bank manager was. a heiavy piece of lead piping, and if he had been struck on the head, as appar-ently-was the intention of the accused, the. result might have been fatal and the; ; accused might have been called upon to answer a much more serious charge. Fortunately the blow was a glancing one. i T,he- accused's judgment might have beeii to some extent affected by the liquor he had taken that morning,, continued His Honor, but ho knew what he was about and he must have known at the time he struck the blow that a blow from Such a weapon might well be fatal. " A crime of this kind must be met by adequate punishment." said His Honor. He would take into he said, all the factors to which Mr. Sullivan had directed his attention; and he recognised'that the accused's mental 6tate was not strong, partly owing to injuries ho had received during the war and partlv owing to tho fact that he 'had been addicted to drmk. No doubt these were factors in the jury's recommendation, but he did not think thej >ver£! the main factor. Others Probably Concerned ' The jury, His Honor believed, «c----ceptod the evidence of the Crown toat at the time the accused knew what he was doing, and that his actions after he had been seized were consistent with a desire to make himself out innocent. He believed the jury was influenced to inake its strong recommendation to mercy bv the belief that others were in tlie crime and that they were probably more culpable though they managed to escape. "Taking into account everything that can be said in the accused's favour in mitigation of the punishment, concluded His Honor, "I still feel bound to impose a sentence of two years imprisonment with hard labour.