Appeal Fails Against Life Sentence

Chronicle (Levin), 29 September 1949, Page 3

Appeal Fails Against Life Sentence

WELLINGTON, Sept. 28. Tbe abolition of hanging, flogging, and whipping indieated a repugnanca to particular forms of punisbment, but did not manifest the intention of the Legislature that all other punishments should be scaled down, said a judgment of the Court of Appeal, delivered by Mr. Justiee Kennedy todaj-. The appeal was against a sentence of life imprisonment imposed on William Ruha Matthews for mhnslaughter. "He had armed himself with a knife for the purpose of murdering a white man, but in the event he killed with it a Hindu who was a stranger to him and who chanced to come to the plaee where he was seeking the white man," the judgment stated. "In the opinion of the trial Judge, who is in a specially favourable position to determine whether a case is one calling for maximum punishment, the offence of manslaughter of whieh the prisoner was found guilty was as bad as might be. We do not dissent from this view. "The offence may range in culpability from criminal negligence to conduct, which, though not murder, is little short of it in culpability, and the -sentences imposed may vary very widely. fc'IIere the trial Judge has expressed the Opinion that no manslaughter could be worse than this, and a study of tbe • evidenec fails to suggest any reason why this Court should disagree „ with him. ' ' The appeal was dismissed.