“PUNISHMENT GREATER THAN PROVOCATION”

Wanganui Chronicle, Volume 90, Issue 168, 23 July 1946, Page 8

“PUNISHMENT GREATER THAN PROVOCATION”

MAGISTRATE’S COMMENT ON ASSAULT CASE Commenting that, '.hough there had been p.ovocation, the blows which defendant had struck were severe, and the punishment inflicted was therefore of a greater degree than the provocation offered, Mr, J. H. Salmon, S.M.. in the Magistrate Cov.-t, Wanganui, yesterday, imposed a line of £lO on a farmer, Donald' Frederick Elliott.

He had pleaded not guilty to assaulting another farmer, William John Castles, in the Wangaehu Valley on May 20 last. Medical eviden.ee showed that Castle's seventh and eighth ribs were fractured.

Senior-Sergeant F. Culloty prosecuted, and M . A. G. Horsley appeared for defendant.

After evidence had been given of a dispute between the two men, Mr. Horsley submitted that as there was provocation the case should be dismissed.

“There is no doubt that Castles was assaulted, and that he received certain injuries,” said the magistrate, review - ing the evidence. It may be said that he did not go to a doctor till two days after the incident, but with a farmer who had his work to do -i the country this was understandable. A question for the Court, however, was the degree of provocation in law. In considering this, all the circumstances must be taken into account. There was a conversation and an argument and certain words were used.

“No doubt, if one man calls another a liar, that is provocation for striking him, and the same applies if that, term is used in respect of a man’s wife,” the magistrate added.

At. the same time, however, the injuries inflicted by the person provoked must also be considered. In this case the injuries were severe, even though defendant may not have intended the two blows, which he said he had struck, to have been so heavy. If the degree of injury suffered, however, exceeded the provocation offered, the defendant was liable to be punished by law. It was quite clear, however, that there had been provocation. and that Castles had said lhat defendant’s wife was a liar. “This is the statement that gave rise to the assault, and had the injuries been slight J would have found that there had been justili/lion and no assault.” the magistrate said. “The punishment inflicted, however, was out of all degree Io the provocation. The second blow must have been very heavy and it was probably the one that, caused these fractured ribs.” Defendant, was fined £lO and costs amounting to £2 15s, including witnesses’ expenses, £1 16s.