GAOL FOR ASSAULT

New Zealand Herald, Volume LXXIV, Issue 22896, 26 November 1937, Page 15

GAOL FOR ASSAULT

ROTORUA INCIDENT TERM OF SIX MONTHS COMMENTS BY HIS HONOR [bt TELEGRAPH —OWN con respondent] HAMILTON, Thursday Six months' imprisonment with hard labour was tho sentence imposed to-day by Mr. Justice Callan, in tho Supremo Court, upon Thomas Chaplin, aged 4G, labourer, of Rotorua, who appeared for sentence for common assault arising out of a scuffle which occurred between prisoner and Harry Solomon, butcher, of Koutu, near Rotorua, at the hitter's shop on tho night of September 22. Chaplin had struck Solomon with a billet of wood, and His Honor remarked that it was fortunato for Chaplin that Solomon had a skull stronger and thicker tlm n tho average, otherwiso the consequences might have been very serious. Mr. Hampson, of Rotorua, who appeared for Chaplin, said prisoner desired to express his profound regret that ho used excessive force upon Solomon. His Honor said that in spite of the long and careful investigation that hiul taken place, ho had somo doubt even now as to whether the full and true facts of tho rather mysterious occurrence had been ascertained. He had to lay aside any private speculation of his own and to devote himself'to determining precisely what the jury's verdict of guilty of common assault meant. It meant that it had not been established that prisoner assaulted Solomon with intent to do him bodily harm. It meant that even if thero existed a legitimate excuse of some kind for tho application of force, it was clear that that which was justified was definitely exceeded, and with that view His Honor entirely agreed. It was a case of. a man losing complete control of himself and using violence of a dangerous nature. In view of prisoner's age, probation was quite unsuitable. The maximum punishment was one year's imprisonment. Ho would take into consideration tho jury's lecommendation to leniency on account of prisoner's previous good character, and sentence him to six months' imprisonment, with hard labour.