USE OF INSTRUMENT

New Zealand Herald, Volume LXXVI, Issue 23273, 16 February 1939, Page 18

USE OF INSTRUMENT

SENTENCE FOR ASSISTING WIDOW SENT TO PRISON Pointing out that a person who assisted in the illegal use of an instrument was not equally guilty with the person who actually used it, Mr. Justice Callan, in the Supreme Court yesterday, said he was bound to sentence a prisoner, Margaret Wilson, aged 54, on the lesser charge in view of the circumstances of her case. Accused had been found guilty on two charges of illegally using an instrument, but during the trial it had been represented to the jury that there was no difference in guilt between assisting in and actually committing this particular offence. "Prisoner is a widow with two children," said her counsel. Mr. Goldstine. "Her husband was killed toward the end of the war, since when she has had to live on a pension. She has not had the opportunities of others and even now she cannot read or write."

Counsel asked that in sentencing prisoner His Honor take into consideration the possibility that she did not use the instrument herself. His Honor said that during the trial it was made clear that whereas the girl deposed that accused used the instrument on her, accused, while admitting most of what the girl said, stated that she merely gave her the instrument and showed her how to use it.

In almost every ease, a person who assisted at a crime was equally guilty with the person actually committing it. His Honor added. That was how this case was represented to the jury. Jn subsequent investigations he had seen that in the particular group of sections in the Act covering this class of offence tlio position was different and that the action of merely supplying an instrument for an illegal purpose was a separate offence with a lighter maximum penalty. The verdict of the jury had definitely established that Wilson either used the instrument herself or had showed the girl how to use it, said His Honor. He was clearly hound to sentence her on the lesser charge for which the maximum penalty was three years. Prisoner was sentenced to 18 months' imprisonment with hard labour.