SENTENCE ON TWO RIOTERS.

Dominion, Volume 7, Issue 1920, 1 December 1913, Page 9

SENTENCE ON TWO RIOTERS.

IN SUPREME COURT. AGAINST THE COMMUNITY. THE JUDCE'S REMARKS. / BOTH PERSONS SENT TO PRISON. Sequels to the recent rioting in the vicinity of tho Royal Tiger Hotel and at Whitcoinbo and Tombs's premises were heard in the Supreme Court on Saturday morning bcl'ole His Honour the Chief Justice (Sir Robert Stout). Two men —Archibald Campbell and William Henry Lawton, who had pleaded guilty in tho Lower Court to charges of having taken part in riots, were brought up for sentence. Mr. P. J. O'Regan, on behalf of tlio accused Campbell, said that tlio latter had pleaded guilty to tlio summary charge and had been sentenced to two months' imprisonment, which he was at present undergoing. The indictable offence, in which a plea of guilty had also been entered, arose out of tho same set of circumstances, and ho (counsel), although ho ■had"fiffiit'te(l'to mention tho point ill the Lower' Court, held that it was not competent for the Supreme Court to imposo alt additional sentence to' that already being served by accused, as thus it would bo punishing a man twice for the sanio offence. Accused had hitherto been a respectable member of society, and —-

Tho Chief Justice: I have had reports from tho police and the probation oflicer and it seems that accuscd is a respectable man, and has never been before tho Court before, except on a charge of drunkenness. His Honour went on to say that he did not uphold Mr. O'ltegan's main contention. There was 110 identity of tho offouco with which tho accused had bceii charged.. To succeed with his plea counsel must be ablo to show that tho two offences were identical. 111 regard to tho man Walton (who was concerned in the affair at Whitcombe and Tombs's) His Honour pointed out that, had tho Crown thought lit to proceed under a different section of tho Police Offences Act, charging tho accuscd with attempting to incite to murder, tho man might liavo been liable to ten years' imprisonment.

His Honour then stated that ho had thoroughly considered tho case of each man, and, so far as tho police know, tho men had nothing against them before. Both had pleaded guilty to a crime which the Legislature had said may bo punished by two years' imprisonment with hard labour, and tho Court also had power to order tho accused to bo submitted to reformative treatment ,for any period up to ton years. Tho Court, however, rarely imposed tho maximum penalty, and ho intended to tako into account the menjs previous record. At the same time, it had to bo borne in mind that tho crime was one not against tho individual, but against the community. The peace must be kept, and if 110 peace were kept people would 110 longer bo living in a civilised community. He would also tako into consideration tho fact that the accuscd had pleaded guilty—a fact which always weighed a great deal with him. Addressing Lawton, his Honour said that this accused had been guilty of assault and —to borrow a word from the French —sabotage. Ho intended to deal more leniently with tho ..prisoner as he had pleaded guilty, and in view of his past record. Ho could not, however, treat tho crime as. a light thing; it was a very serious crime, and lar more serious than stealing property, forgery, and such offences, in as much r.s it was a crime against the community and against good order. But for the lact that a large number of men lind come forward and volunteered their services in tho cause of law and order, the community might ,havo been in a very dangerous position. Accused Campbell was sentenced to eis;ht months' imprisonment, with hard labour, in addition to the scntonco of two months which he is already serving. Lawton was sentenced to nine months' imprisonment, in addition to his present sentence of three months, and on account of his youth His Honour recommenclod that the prisoner should serve his sentence at Invereargill.