OFFENCE AGAINST GIRL

Wanganui Chronicle, Volume 87, Issue 39, 17 February 1943, Page 3

OFFENCE AGAINST GIRL

JURY’S RECOMMENDATION

After a short trial in the Supreme Court, Wanganui,' yesterday afternoon, a jury returned a verdict of .guilty with a strong recommendation to mercy, in the case of a soldier, Lynleigh Edward Kiernan, aged 18 : charged with unlawful carnal knowledge of a girl aged 13 years, 11 months. The jury retired at 3.35 p.m. and returned with its verdict at 5.25 p.m. The Crown Prosecutor, Mr. N. R. Bain, conducted the case for the Crown, and defending counsel was Mr. T. C. Clinkard. Prisoner was remanded for sentence till to-morrow. The jury consisted of Messrs. A. R. Donaldson (foreman), J. F. Quirk, L. Reardon, L. Hartley, A. Kidd. H. J. Titter. F. G. Hodge, W. Hea'.h, H. May, A. E. Couchman, W. S. Dearness, and M. B. Anderson. Mr. Bain, in his opening address, said the girl would say in evidence that she met accused in Victoria Avenue and on the following day spent Dart of the time with him at a theatre. Some days later she met him after she had finished work in the afternoon, and evidence would show that accused suggested taking her home on his bicycle. The allaged offence was subsequently committed. The girl would also say, said Mr. Bain, that prior to that she told accused that her age was 13 years. “The fact that a girl consents makes no difference to the charge.” Mr. Bain added. The law provided, however, that when a girl was over the age of 12 years and under 16 years years, and the man concerned was under 21 years, it was a sufficient defence if he had reasonable grounds to believe, and did believe, that the girl was over the age of 16. Accused in Us statement to the police, said Mr. Bain, stated that he knew the age of consent was 16. Medical evidence was given by Dr. G. H. Robertson, who said he saw no signs of violence. Cross-examined by Mr. Clinkard, witness said the girl was well developed for her age and equal to a girl of 16. A statement made by accused was produced by Constable H. H. Hudson. Accused said in evidence that he did not ask the girl her age and added that he thought she was 16 years of age

Cross-examined by Mr. Bain, accused said he merely guessed the girt s age.