REVISING THE LAW

Press, Volume XCV, Issue 28260, 24 April 1957, Page 7

REVISING THE LAW

Social Revolution And Crime

Since 1893, when criminal legislation had been enacted, there had been a social revolution in which the views of the communitv on crime and punishment had changed, said the AttorneyGeneral (Mr J. R. Marshall) at the Dominion legal conference in Christchurch yesterday. In this, the sanctity of personality had become more dominant than the protection of property. As a result, consideration was being given to changes in the criminal code. At present tlje maximum penalty for burglary was life imprisonment, yet. for common assault it was two years’ imprisonment, he said. “The law does not give as much protection as it might for women and children,” said Mr Marshall. “There are a number of gaps to be filled in.” He mentioned the offences of kidnapping and drug peddling, and offences on aircraft. The revision of the Justices of the Peace Act was long overdue, he said. Consideration was being given to the procedure on appeals, for under the present system rehearing could be used to defeat the ends of justice.

There was also the matter of the Crown’s right to appeal against a sentence, he said. “It is important to preserve a proper balance for it is easy to be carried away by reforming zeal. The great body of our law is an accumulation of wisdom based on experience,” said Mr Marshall. >

“We must maintain and defend the rule of law itself," he said. There was a tendency in the modern State to the rule of laws. Laws had became so numerous and the powers of government were greatly increased.

“It is the special function of the legal profession to be the guardians of the rule of law." Mr Marshall said.