APPEAL BEING HEARD.

Star (Christchurch), Volume LXVI, Issue 20484, 10 December 1934, Page 7

APPEAL BEING HEARD.

Case of Dunedin Man Ordered Flogging. Per Press Association. WELLINGTON, This Day. The Court of Appeal to-day' commenced the hearing of an application made on behalf of John Christie Spence, of Dunedin, for leave to appeal from the sentence imposed upon him at Dunedin by Mr Justice Kennedy on October 30, when he was found guilty' on two charges of rape and sentenced to seven years’ imprisonment with a flogging on one charge, and seven years’ imprisonment on the other, the sentences to be concurrent. For appellant, Mr Sievwright stressed the age of accused, saying he was but 23, and submitted that the whole circumstances of the case indicated that the offence arose from youth, lack of control and indtilgence in alcohol. He quoted an authority to establish the proposition that an inflammation of passions bv excessive intoxication was a matter that had to be taken into consideration by' the Court in considering the sentence. The evidence distinctly showed that there was violent opposition in the early stages of the crime, but that eventually ceased and Spence in his intoxication might have imagined that consent had been given. The locality of the crime was also a factor which the Court should consider. If Spence was to be believed, that they returned to a secluded spot, the inference could be taken which would justify Spence’s belief that consent had been given. Another factor was that, although many persons had been seen by the girl on her return to the hotel, no complaint had been made by' her as to Spence’s conduct, although there was ample opportunity for such complaint to be made. Dealing with the flogging ordered to be imposed, counsel submitted that such flogging would result not only in disfigurement of the body, but also of the mind. He contended that flogging was a relic of barbarism, and it was not proper to impose it for a crime which resulted from a mental impulse, aggravated by intoxication. Argument is proceeding.