EXTREME PROVOCATION

Poverty Bay Herald, Volume LXIII, Issue 19070, 18 July 1936, Page 15

EXTREME PROVOCATION

DISCHARGE OF SHOTGUN WARNING FROM BENCH (Per Press Association.) CHRISTCHTJRCH, this day. Accepting counsel's submission that the act wis the consequence of extreme provocation on a mind severely affected by shell shock, Mr. .Tustice NTorthcroft, when John Miles came before him this morning for sentence on a charge of discharging a shotgun at a person with intent to do grievous bodilv harm, met the ease by ordering that 'the prisoner should be detained until the rising of the court. Mr. Gresson, appearing for the prisoner, said the offence had been committed under the gravest provocation. The provocation had taken effect upon a severely shell-shocked mind. A doctor had said that the prisoner presented the worst case of shell shock he had evor encountered. His Honour said he was prepared to accept the submission of counsel, but he continued to the prisoner: "You must realise that no .circumstances will condone such an offence as yours, namely, tho discharging of a firearm at another person. The law offers protection to people who are being unduly provoked, but no one must take the law into his own hands. "I think," concluded the judge, "that you have been sufficiently punished* by these proceedings, and by my admonition. 1 cannot let the matter pass. I order you to lie imprisoned until the rising of the court."