TWELVE MONTHS' GAOL FOR RAPE ATTEMPT

Chronicle (Levin), 25 July 1947, Page 3

TWELVE MONTHS' GAOL FOR RAPE ATTEMPT

Huving pleaded guilt}r iu the lower court to a, cliarge oi' assault witli iutenl to eommit rape, Andrew Barbour Allen, a labourer, single, aged 26, of Marton, was senteneed to 12 months' iinprisonment with liard labouT, by Mr. Justice Eair in the Supreme Court at Palmerston North yesterday. Appearing for aeeused, Mr. A. M. Ongley staled that at the time of tho ofL'enee there was little doubt accused had been in an advaneed stat'e of intoxieation. He was a returned soldier who had worked at Lake Alice construction works for eight or nine j montlxs. His foreman had stated he was I a good worker, sober and well behaved. The girl m question was not frail but was strong enough to be able to resist him. There had not actuaily been any interference with the girl apart from the removal of her underwear. Had accused been in his sober senses he would not have chosen that spot on a main highway to eommit the ofL'enee. IJLe had been admitted to probation onee before for an uet which had to do with xnotor tyres. "The court has no doubt that this assault was due to a drunken eoudition, but drunkenness, war serviee or previous good behaviour could not constitute a def ence for this brutal assault, ' ' said his Honour. "The young woman was fortunately robust and able to defend herself so that she received no serious injury. The court must impose a sentence whjeh will impress upon men, even when they are under tlie influen.ee of liquor, that such an act will be punished in a severe manner. The least sentence I can impose is twelve months' imprisonmeat with hard lab-