AN UNUSUAL CASE

Southland Times, Issue 17539, 29 September 1915, Page 5

AN UNUSUAL CASE

DECISION AS TO ASSAULT. (Per United Press Association.) AUCKLAND, September 28. Judgment in an unusual case in which a man was charged with assaulting a young- lady was given by Mr Cutter., S.M., to-day. The evidence of the girl was that the defendant, whom she did not know, spoke to her in the street. She took no notice and got into a tram. Defendant got in too. She got out near her home and defendant followed her. Then she took to her heels, and on getting to tbe back door of her home saw defendant at the gate.

On these facts the defendant was charged with assault. The Magistrate said the points to consider wore the identity of the man, proof of the facts, and then whether the facts constituted an assault. On the evidence, when it was shown that the accused sat staring at the girl in the tram for some lime, the girl had every opportunity for identification, and his Worship had no hesitation at all in accepting the identification, particularly as the evidence brought by the defence to endeavour to disprove the charge showed that the accused was in the locality about the time. As to the question of assault, speaking to the girl and staring at her in the tram was insulting behaviour, hut it was questionable if it constituted an assault. But to get out of the tram ami follow the girl at night in a direction away from his home, to walk quickly when she walked quickly, and finally to rush after h--f when she ran, made it clear that he was following her under circumstances that, in his Worship's opinion, constituted an assault. Tim most favourable light in which his conduct could be considered was that he hud taken a violent lane;.’ to the girl, and wanted to find out where she lived in order to make her acquaintance at some other time. Even at that it was grossly improper, and - was the kind of thing that must he. stopped.

Accused would he convicted and find £5, and 12s costs, in default a month's itn prisonment. A request for the increase of the flue by a shilling to enable an appeal to he made was declined, hut a request to allow net-used to pay in instalments of 10s a week was granted.