A LEGAL QUESTION

Waipukurau Press, Volume XXVIII, Issue 126, 23 May 1932, Page 5

A LEGAL QUESTION

Wife Burns Husband’s House

REVENGE FOR A THRASHING

NOVEL DEFENCE SUBMITTED

(Per Press Association)

AUCKLAND, This Day.

When Christina Field (25), a Maori, appeared in the Supreme Court for sentence, having pleaded guilty to burning down her husband's house at Hokianga on April 9, her counsel submitted that the rule in common law that husband and wife are one, applied in her case, and, therefore, no offence had been committed.

He said that under the Crimes Act, there was no offence of arson if the person charged had a full interest in the. property, unless there was intent to defraud.

Counsel said that the prisoner had, for many years, lived far from civilisation. Her marriage w’as unhappy and, following a dispute in which her husband thrashed her, she considered suicide. While her husband was away, however, she set fire to the house. They had patched up their differences and were now living together again. The assistant Crown Prosecutor admitted doubt about whether the offence was committed, but denied the right of prisoner to alter her plea of guilty. Mr. Justice Smith sentenced accused to imprisonment till the rising of the Court.