"REVOLTING OFFENCE"

Chronicle (Levin), 6 February 1948, Page 3

"REVOLTING OFFENCE"

■ Press Asdodation )

Body Snatdier Gets Four Years' Gaol

(Per

TIMARU, Feb. 5. ! ,.£yi}jul guiljy in the Uu^renie^Court !'ut! Tinui ra'"' oi/ a dia'rge "of impropefh ! intt'rferiiig' with the dead body of I Vahi.ai lreiu' I'hillips -■ (aged 12) on | Docomber 2(1, Jt>47, Desmond Robei't ; l'erry, singie, aged 24, was sentenced j by ihe llon. .Mr. Justice Fleming to two j years' intprisoinnent with hard labour, Ihe inaximum penalty provided under jthe a|i|>ropriate sectiou of the C-riines J Aet. ' ()n his earlier plea of guilty to other ' eharges. he was senteneed as follows: — 1 Th-.'f t of ear >at Haiuilton, oue year's j liard Mabour; theft of ear. at Timaru, one year's hard labour; theft of a set of eieetrie horse ciippers', six months ' hard labour.

All seutences were ordered to be eumulative so that the totai period of imprisoiimeiit given Perrv was 42? years. I • ' J do not think our criiuinal code I'oresaw ihe possibility of this type of olVenee and allhough there is a section in Ihe aet which deals with it, I do not j think the composrtors of the act ! thought of an ol'l'ence like this because ! the maxhnuni penalty is only two years," said his Honour, when sentencing Perrv on the improper interference with a dead body count. "I am sure that had the legislators contemplate.l an act of this kind, the maxiinuni [)enaity would have been much higher." lf the authorities eame to the conclusion that l'erry's mental conditiou was more serious thau was at present thought, they could remove him to a j suitable institution where he could perliaps receive better treatment for the particular compiaint that he might litive, said his Ilouour.

The jurv was in retirement for two hours minutes which included an hour for luuch. Perry heard his seutences without any signs of emotion. "In my opinion, eveu if accused's -itoi'y is true that he found 'the body in the ear and then aeted as he stated, he still committed an improper act within the meaning of the Crimes Act,'1 said his Honour in his summing up. 1 ' The appropriate section states improperly or indecently interferes with or offers an indignity to any dead body or human remains, wliether buried or not. History supplies us with examplcs of an astounding n'ature of his very type of offence. It is stated t-hat one of the greatest military leaders — not of British origin — was a glaring example of this monstrous type of offence. I will not even refer to. what he is accused of in history because'it 'is so frightfullv revolting that it is best not referred to at all, but it is true that there is a Type of person in this world who indulges in this type of thing. " 1 In eonelusion his Honour said that tlie only point. the jury really had to decide was vhether or not Perry was sane eriough 'to know that what he did on December 20 was wrong in the eyes of the law. In seeking leniency Mr. Moloney referred his Honour to Perry 's previous environment, referring to the f act that his mother was 'admitted to a mental hospital at an early age, while Perry himself was admitted, at the age of 14, So f ar as the conversion the two cars was concerned, counsel admitted that Perry had shown himself' to have had a nimble mind but he submitted

that accused had had an uhenviable childliood not luiving had ■ the opportunities of most children. "I agree with Mr. Moloney that the conversion of the car at Haniilton was an exeeedingly clever theft," said his Honour. ' ' It showed great resource and cunning and considerable mental power. With all this clever work the police were. completely baffled, particularly when* Perry' was resourcefnl enoug'h _to take-aut.:a -war.rjuit of litness In another town and register the car under a different name, but the police know this triek now and am'One going to register a car which has been Ia.it! up for some time, had better bring his solicitor along with him to certify that- the transactio'n is perfeetly legal and above-board. Tliis unlawful conversion of cars must stop. It.canndt be allowed to contihue. ' ' his MHoho-tir concluded.