SUPREME COURT.

Wanganui Chronicle, Volume LXXIV, Issue 17654, 2 September 1919, Page 5

SUPREME COURT.

WANGANUI EAST ASSAULT

CASE.

SMITH BROTHERS SENTENCED.

EIGHTEEN MONTHS REFORMA

TIVE TREATMENT,

At the Supreme Court yesterday morning Roy Smith and Victor Smith, found guilty lof assaulting Police • Sergeant James Stevenson Reid at Wanganui East, came up for sentence.

Mr Hussey asked that the provisions of the First Offenders' Act should be applied.

His Honour: It is no use talking about that. It is never done in cases of this sort.

Mr Hussey asked if he could make a suggestion that the prisoners should be allowed to reimburse the sergeant to the extent of £50.

His Honour said there would have to be a period of detention. It was not a case for light recognition like that. He would recognise that hitherto the prisoners had good characters, and their good service as soldiers for their country would also be recognised, and that would mitigate what he intended to do.

Mr Hussey said Roy Smith had drawn a section from the Government and he did not know what the position would be. It would .- be a serious hardship if he had to be detained. *-

His Honour: A very unfortunate thing.

Mr Hussey said ;he would simply ask his Honour to take into account prisoners' good character and service for their country, and make the sentence as light as possible.

Mr G. Marshall agreed as !to the good character of the prisoners. It was,their first. lapse and had it not been as Victor Smith said, that the taxi stuped at the Wstiganui East Hall instead of taking them home, they would have gone to work the next day and they would not have got into.trouble.

His Honour said it wsts a serious and savage assault and might have led to the prisoners being1 present on a more serious ■ charge if events had turned out otherwise. Even yet a year had not lapsed, and they did not know what the consequences might be* He was certainly sorry to have ito' pass sentence but- his personal feelings, could not v govefn arid one had to look at public interest in such a case. Probation could not be allowed in 1 such Cases as the Court insisted , upon detention. He would put them oh the best footing. Both prisoners would be detained for reformative treatment for a period of 18 months, and that meant the Prisons Board could shorten the sentence if it desired to

do so.