REVIEW OF SENTENCE

Wanganui Chronicle, Volume 83, Issue 97, 27 April 1939, Page 3

REVIEW OF SENTENCE

APPLICATION TO COURT OF APPEAL MANSLAUGHTER CASE [ Per Press Association.J WELLINGTON, April 26. The Court of Appeal to-day reserved its decision in an application for a review of the sentence of 12 years’ hard labour imposed by the Chief Justice, Sir Michael Myers, in Napier, on Colin Herbert Hercock, following his conviction for the manslaughter of Isabel Anne Aves. At the trial for murder on October 31, 1935, Mr. H. C. Weston asked the Court to reduce the sentence and change it from hard labour to one of reformative detention. Sir Hubert Ostler, who, with Justices Smith and Fair were on the Bench, said he did not remember such a change being made before in a case of manslaughter, but. no doubt the Court had power to do it if it so thought fit. Continuing, Mr. Weston stressed the fact that Hercock was a steady boy, a student, and one who took other people’s troubles on his shouldders. At the age of 20 he had been elected chairman of the Labour Representation Committee at Waipawa. His whole affection clearly centred on a girl aged 19 who, unfortunately, got into trouble. Counsel traversed the evidence given at the trial and stated that the burden placed on Hercock’s shoulders was too heavy for him. He lost his balance and became largely irresponsible. Mr. Weston contended that Hercock had not meant to kill Mrs. Aves, and the actual striking of her with the bullet was entirely accidental. The jury had accepted that explanation and had acquitted Hercock on the charge of murder. Counsel contended that the sen-.

fence was excessive because of the age of the prisoner, his previous exceptional good character, and the negative by the jury in their verdict of intention to kill. The interests of the public would be protected and the interests of the boy served by a short period of reformative detention. Mr. C. H. Taylor, of the Crown Law Office, opposed the application, submitting that the fact that the jury acquitted on the murder charge did not mean that Hercock’s offence was not serious. Hercock was not a boy but a man of 21 years and had arrived at the age of discretion. In view of the serious crime and other circumstances the sentence was just and reasonable.