A HEAVY FINE

Dominion, Volume 12, Issue 114, 7 February 1919, Page 4

A HEAVY FINE

FOB STRIKING A POLICEMAN.

David Leech Kinneav, for whom Mr. H. F. O'Leary *»peared, and who pleaded guilty in the magistrate's Court to attacking Constable Small on January 16 in Dixon Street with a doghook, thereby cnusiUß him actual bodily harm, appeared before His Honour Mr. Justice Uwards in the Supreme Court yesterdaj for sentence. The circumstances attending the assault were stated to be that Constable Small arrested a drunken man Hi Cuba Street. Ktnnenr, who earned a doghook in his hand, followed the constable, and assaulted him in Dison Street. Wβ constable released his prisoner, and chased Kinnear, and caught him at the cornel or Cuba and Manners Streets, when he again struck at the constable, and oroKe away, but was subsequently captured W a returned soldier. The constable had a wound on the right cheek extending into the mouth, about one inch long, and a bruise below the jawbone. Mr. O'Leary desired to call evidence as to the good character of Kinnear, but His Honour said this was unnecessary Mr. O'Leary went on to say that had the man been "in Ins sober senses the act would never have been committed. He went to the waterside on the day in question and failed to obtain work. He and several others who were also without occupation for the day locked about the town drinking Although he wm able to walk about the .liquor had clouded his brain, and when he saw his matebeing arrested by the cons able he lost hie senses, and attacked he constable. He was not" a man of criminal habiU, and this assault appeared to bo an isolated and impulsive act. that would nei-er have occurred except for the state he was in at the time. The accused had served two years witli the Expeditionary His' Honour said he never accepted drunkenness as an excuse, m crimes or this character. If a man wa, dangerous when he was drunk he ought to keep sober. The man, according to the reports had had a good character, and the probation officer reported that he had no criminal tendency. Continuing His Honour said that he. proposed to inflict a fine-a fine that would be a real punishment, and not a mere inconvenience. His Honour'fined the prisoner £50 ami ordered him to be imprisoned until the fine was paid, the terra of imprisonment to be flot more than one year, and to be suspended durinsc the payment of the fine-.£5 forthwith, and M every four weeks thereafter until the whole amount was paid. Kinnear wa<= also ordered to pay £Z 95., the costs of the prosecution.