ASSAULT CHARGE

Bay of Plenty Beacon, Volume 7, Issue 17, 22 October 1943, Page 5

ASSAULT CHARGE

LAUNDRYMAN PLEADS GUILTY SIX WEEKS' IMPRISONMENT When charged with assaulting Charles Arthur James' Head on October sth last Vincent Joseph . Vitalli, • laundryman, pleaded guiltty in the Whakatane Court last Tuesday. Sergeant Farreil for the. police, • said that at about 5.15 p.m., Mr Head -was proceeding home from town to this James Street residence, Avhen he had occasion to stop near Cadman's Service Station, near defendant's laundry. The next thing lie knew a -■•hand came over the : door of the car, removed the keys, and Vitalli's voice 'said he wanted to speak to him. Without further warning defendant : -had struck him heavily about the face, bruising him considerably. He ■then immediately drove to the police station and reported the incident sind surrendered himself. He informed the police that he had been labouring under a sense of great provocation, which led him to believe 'that people, were trying to kick him when he was down. Old Incident Recalled The victim of the incident Avas a ; respected citizen who was not likefly to interfere with anyone. Vitalli Siowever linked' him with his last -appearance in court (December, 1942) when he had been sentenced to the Strathmorc Detention Camp. • On that occasion defendant had de- • cided to join the military forces and • enlisted at Rotorua. When he went into camp however he had been re- ; graded medically and transferred to the TourLst Department as an elee- '• trician. Subsequently" he had been drafted, back into civil life to carry -on his laundry business. In fairness to him, said Sergeant : Farreil, prior to his Court appearance last December, he had not been -in any trouble, before,' but apparently he was of a nature that brooded ••over small things which he took to heart very much. His action was possibly due to his. Latin ancestry. .He had already completed 11 days ■in gaol and was now very sorry for lliLs action. Sense of Provocation Asked if he .had anything to say defendant said he. had been labouring under a persistent and intolerable sense of provocation. People lie thought were making lying and damaging statements against him -with the objective of doing him as .much harm as possible, and of making his task of rehabilitating himself doubly hard. He was so incensed .at seeing Mr Head that he struck him before lie realised, what he had done. He knew now it was a very .unwise, and foolish thing to do and .he deeply regretted it. The Magistrate: T. sec you were ■ convicted of assault at RotoruaDefendant: it was, called assault. It was not really in the saiua category—only a push. The Magistrate: You apparently don't want to go into the army, but you don't hesitate to attack people in this country without provocation. I don't see how this thing can be globed over. As far as the court knows this man had done you no injury. I will take into account the fact that you already have had a fortnight in gaol and will sentence you to six week's imprisonment.