SUPREME COURT.

Wellington Independent, Volume XVIII, Issue 1854, 11 April 1863, Page 5

SUPREME COURT.

CRIMINAL SITTINGS.

Monday, Makoh 16, 1803. (Before his Honor Mr Justice Johnston.) The Court was opened with the usual formalities, his Honor taking his .eat ou the Bench at ten o'clock precisely.

The following gentlemen were empannclled for the Grand Jury, viz;— Messrs Edward Battersbee, C. D. Barraud. W. Bishop. W. Bowler, J. H. Bethune, W. Beetham, James Carter, George Crawford, Joe Dransrield, William Hickson, J. G. Holdsworth. John Kebbell. W. S.Loxley, Thomas Mason, D. Riddiford, and W. M. Bannatyne Em., Foreman. Mr Ludlam, was excused from sitting on the Grand Jury. Hfa Honor then addessed the Grand Jury, and delivered tha following able and and lucid f CHARGE. Mr Foreman and Gentlemen of the Grand Jury, — You are probably aware that the short postponement of the usual quarterly Circuit Sittings which has taken place' on this occasion, is attributable to the sitting, for the first time, ofthe Court of Appeal of New Zealand, and a Conference of the four Judges of the Supreme Court, in another part of the Colony. I, feel that I have great reason to congratulate the >£!olony on the establishment of anew tribunal, which I trust* will in a great measure increase the confidence of the public in the administration of justice, both civil and criminal. By the judges themselves . the existence of such a Court . is esteemed an especial boon, as the extent and variety of their jurisdiction, the novelty and importance of many of the caaes which emerge from the circumstances of a young and rapi-ily progressing Society, render tlreir position when' acting singly as they usually do, one of peculiar anxiety and responsibility. The probability that a comparatively speedy decision by tho whole judicial force of tho Colony on questions of difficulty or importance, will either correct errors into, whioh the Judges may. individually, have fallen, or will confirm their judgment, must bo to them asourceof much satisfaction ; while the public will naturally feel that it has an additional security for the maintenance of its rights by an intermediate appeal, less dilatory and expensive than that which still exists, in Jast resort, to Her Majesty in Council. To the legal profession, 1 believe the establishment of this tribunal will be of great advantage, and in a way too which will prove most beneficial to the interests of the public ; inasmuch as it will operate as an incentive to that laborious preparation for professional distinction, without which a competent Bar can scarcely maintain its existence. And, in passing, it would be ungracious not to acknowledge that the first sitting of the Court bas given fine fair promise in this respect, and that our young community has displayed among its numbers no mean array of professional talent

I may remark, in explanaiion of my own pro tracted absence from this place, that the business of the Court of Appeal has formed but a small portion of the labors of tbe Judges at their meeting, the Legislature having cast upon us a variety of duties respecting the formation of rules of practice and procedure, anu omm jnaCiiGr.*' Hlltlwo under various Acts of tho Assembly, which, with ottrer incidental labors, even our prolonged conference has scarcely enabled us us to perform. -

I believe tbat nothing has occurred in the Colony since I last addressed a Grand Jury in this place, respecting the administration of criminal justice to which I need allude. At the last Circuit Sittings I thought it necessary to call the attention of tire gentleman who acts as. Prosecuting Counsel at this place, to the anomalous nature of his position, and I intimated that 1 should probably be obliged to insist upon a strict application ofthe law respect ing it on this occasion, unless some arrangement should be made with his Excellency's Government in the meantime. But inasmuch as the assembled Judges have taken the matter into consideration, and entertain the hope, that some satisfactory steps will shortly be taken with re gard to it, I do not propose, as I had intended, to stop the usual, but irregular, course of proceed- i ing at these sittings.

And now, gentlemen, there is one other general topic to which I feel bound to advert — one concerning which, 1 have so often addressed Grand Juries in this place, that I doubt not that they are tired of hearing me speak of it — I mean the manner in which sentences in criminal cases are carried into effect— a matter the importance of which / know Ido not exaggerate ; although to many, with less experience of criminals and criminal courts, my persistence in ad verting to it, may have been, and may still be, deemed unnecessary and tedious.

l'he reports whioK have recently roache I us from the mother country, tha expressions of public opinion, throughout Great Britain, tbe universal " consternation," I may almost call it— which pervades society at home, respecting tbe criminal classes, have roused the public mind, to demand a searching inquiry into the system of punishments; and the calmest and least excited minds in the community, express unequivocally and unanimously tbe opinion, that at all events, punishments must be certain — must be substantial — and must be such as to deter from the commission of crimein all of which respects they seem to be now infiufficient.

' And, gentlemen, you must remark that in England, the remissions of punishment complained of, are regular and granted upon fixed principles ; and the lenient punishments which are denounced, ai'e still something very substantial and painful as compared with those of our own system.

Gentlemen, I cannot help believing that the panic in England has led to the formation of extreme opinions. For myself, I should deeply regret the introduction of a system of punishment which should extinguish Hope in the bosoms of convicts. I believe Hope to be the greatest of reformatory agents ; and even if men go through a period of perfectly " hypocritical" good conduct in prison, in order to purchase a speedier release, I should not for that reason be disposed to condemn a well . regulated Byatem. of remissions granted for good conduct.

Avoiding extreme inferences, it seems to me that the lessons taught by recent experience in England are these— that punishments must be cerla in— (which by no means precludes fixed, promised, remissions for protracted good conduct it) prison)— that they must be substantial, that is, that they must be seriously and permanently fell as punishment, and thus be exemplary and deterrent, and moreover, that relapses into crime must be punished very severely. I need hardly | repeat what I have so often said, that remissions or pardons, without very substantial grounds, especially in the cases of relapsed offenders, must necessarily defeat the first objects of the administration of justice, and bring it into contempt.

England's experience, England's public opinion ought to teach us lessons of wisdom, forethought and prudence. If we neglect them now, tho result in such a community as ours must bo far more disastrous than it has been in England. We have not merely to get rid of crime; we have also to prevent the formation of criminal classes. I sincerely pray and trust that we may be wise in time, and not wait for preventive and remedial measures until it is too late. If England , with all her power, her wealth, her wisdom, her experience, her skill, and her varied appliances, now finds herself io difficulty and anxiety about such a matter, what must the position of such a colony as this be, if this evil should ever grow to a head —as it certainty will do, if we refuse toprofit by the lesson now forced upon our attention* and trifle with a subject of lo grave social importance.

Although the cases in the calendar are not very numerous, there are several which will require special notice.

I very much regret to find that the great majority .of the accused are Soldiers. Whether the nature and seventy of punishments under sentences ofthe Civil Courts as compared with the character of military punishments tend to malemen of this class comparatively indifferent to civil convictions I am not in a position to determine. It is notorious tliat soldiers have of lato years ( " often committed offences for tho purpose of hem"--discharged from tne servico. I have -no certain information as to the present practice of the military authorities on thissuhject ; but it certainly would seem desirable thit such a mode of evasion from military control after the expiration of a sentence of the Civil Court, if contemplated at the time ofthe commission of the. crime, should be ,nat Jo""practicable.o ""practicable. The Grand Jury then retired, and during th« forenoon, f Q \iad true bills in the following caseß : — °

Regina, v. Daniel Calnan assault with intent. " v. Thomas Newton, larceny. " v. Patrick Henry, stabbing with intent. ,c v. .Rowland Dowsett, laccny. " v. James Bannatyne, embezzlement. " v. James Welch and Edward Lawler, felony. " v. Charles Connolly stealing. " v. Kemble Bent, larceny, and ignored the bill Regina v. Archibald Cook, for sheep stealing. After which, his Honor discharged the Grand Jury, thauking them for their services in the name of the Queen and the colony. All tho prisoners were found guilty, except Newton, Bannatyne, and Welch.