ATTEMPTED MURDER

Wanganui Chronicle, Volume 74, Issue 138, 13 June 1931, Page 8

ATTEMPTED MURDER

NUNN FOUND GUILTY SEVEN YEARS’ DETENTION (Per Pres. Association.) NAPIER, June 12. Hubert Frederick Nunn, who was charged with the attempted murder of Mavis Smith, at Hastings on April 8 last, was found guilty at the Supreme Court and sentenced by Sir Michael Myers to seven years’ reformative detention. In the course of his evidence accused admitted firing the gun, though he could not remember doing so. Ho had no intention of hurting the g’rl, and only took the gun to frighten away any man who might be taking the girl home. He desired to marry the girl and not to injure her. In scntcucing Munn, Mr Justice Myers said he did not regard accused as of stable mentality, but he was very far from being insane as laid down- by the legal definition. At the same time, his Honour said that human life must be protected, and offences of this type could not be allowed to be committed. His Honour added that he did not intend to inflict a ‘ 'rm of imprisonment with hard labour, but would sentence accused to a long period of reformative detention, during which time he would be under observation. Mr Hallett said that the evidence he had proposed to call would indicate that Nunn was suffering from moral insantiy and not intellectual insanity. His Honour: I fear I do not see the difference. Addressing tho jury, Mr Hallett said that the act was not premeditated. Up till midnight accused had no intention of committing any wrong. Nunn was infatuated with the girl, and for a considerable period the affection was mutual. Miss Smith was away from Hastings for some time, and accused heard she had returned. He went purely to see the girl ho was in love with, and whom he had not seen for some months. There was nothing sinister about that. Ho suspected that -iiss Smith was going out with another man. It was quite probable he intended to frighten not iss Smith, but tho other man. That probably was why ho took tho gun from the car. He was madly in love with her and it was highly improbable he would deliberately kill her. Counsel entreated tho jury to believe Nunn’s story, in which he stated ho had no intention of injuring Miss Smith, and did not recollect what had happened until afterwards.

Summing up, his Honour outlined tho simple illustration of a man who had a debt owing to him, and after making representations for payment threatened to shoot the debtor if it was not paid. When the account later was presented for payment, tho debtor refused to make payment and he was shot at. Subsequently, the creditor said he shot his debtor, but did not mean to do it. His Honour contended that the present case practically identical to his illustration. If a defence of that kind was to be accepted, his Honour remarked that he was thankful that tho responsibility was that of tho jury and not his. There was no doubt that accused was infatuated with tho girl, and had made a threat which he had carried into effect. It was true there was nothing sinister in having a gun in the car so long as ho had left it there. Nunn evidenly thought she was dead, and had cleared cut. Shortly afterwards he had written a letter in which ho stated ho had always vowed that no other man would have the girl. When questioned by the police there was time for him to have said that he did not intend to shoot the girl, and not merely to have said he did not do it, but knew who did. The jury returned a verdict of guilty after 40 minutes’ retirement.