FLOGGING ORDERED

Dominion, Volume 12, Issue 268, 8 August 1919, Page 8

FLOGGING ORDERED

P|TONE OUTRAGE DELANEY GETS 15 YEARS AND THE CAT Roy Albert Delaney, who was convicted 011 Wednesday of the serious offence of committing rape on a little girl nine years of age, at the Petone Recreation Ground on Saturday, July 12,' was placed in the dock in the Supreme Court yesterday morning for sentence by His Honour Mr. Justice Stringer. Mr. I'. W. Jackson, who appeared for the prisoner, said that he could only repent what he had said the previous day that -Del alley's character and reputation both in his military and civil Hfe had been of tho best. He was now 23 years of age and when ho first enlisted lie was very young. Before he went to the war ho was fit mentally and physically, and tliere could be no question but that >} e was badly injured and suffered mentally and bodily and his injuries were inflicted while ho was performing the highest duties to his country. .'lt was indeed sad to think that a young man like Belaney who had possessed such a good character should now find himself convicted of such a 6erious crime, and one could only .think that he could not have been in state of mind to appreciate the responsibility of his actions. His military record would bear out the statement that he suffered front shell-shock. His Honour: I have examined his military record with Colonel Purdv, and his conduct was good; but I could fiud nothing in the records to show that lie has iK» been a perfectly normal being since 1917. There was not the slightest indication in tho records to show that he was not a responsible being. Mr. Jackson: Ho suffered from shellHis Honour: The only 6hell-shock that lie sustained was during the early part of his military service, and he had perfectly recovered from that and went bacs to the war. Mr. Jackson said shell-shock was a new thing, and . possibly medical science had not time to study its effects and peculiarities. It was not known how; long it affected tho individual. Counsel asked His Honour to give a,? much weight aim consideration to the facts ho had mentioned as it was possible to givt His Honour: There is no doubt uial the prisoner's character has been good. Mv. Macassey: That is so. His Honour, addressing Deianov, said: "Prisonor, you have been convicted on tiie clearest ana most convincing evidence ot a foul and horrible outrage 011 a young girl nine years of age. Your offence committed not on a sudden impulse ot obscene passion, but with premeditation, and you accomplished your vile with savage and brutal violence. J. lie prevalence of offences against young children had frequently been commented upon by both Judges and juries, arid had not unnaturally been regarded with alarm bj the public. It would appear that there were men prowling about the streets line obscene, beasts of prey ready to pounco upon children for tho gratification of their unholy desires. It- had, thereiove, become accessary that the strongest measures should be taken to suppress such offences as that committed, by prisoner. TII6 law allowed tho infliction of flogging, and if that law was not to bo inoperative it would bo difficult to coilceive of a coso in which a flogging could be more appropriately inflicted tlla.ll in the present instance. SOlllO years ago, when the brutal crime of garroting was prevalent in England, it has been found that flogging had been ail effective deterrent.' tt might be that a similar effect wonkl bo obtained by orderins, floggings in sorrows sexual cases in i\ew Zea'and. "It is, therefore,' His Honour continued, "my intention in your case and in all future ensos of gross outrages upon youngr children to inflict flogging in addition to imprisonment. I have listened to'what your counsel has said with regard to your services a soldier and I havo also examined your military records. I have, I think I «ui say, been anxious to discover something which would offer some palliation' of your otfence and induce mo to moderate ray sentence. I regret to Bay I can nnd no 6uch palliation. It would bo an iusiut to returned soldiera to lay down that tho mere fact of a man having done lus duty to the country, and having been wounded, should be taken as an excuse for such an offence. The vast majority of tho soldiers who have displayed such unsurpassed courage 111 the field, and such good conduct off the field, would be tho first to repudiate the suggestion. Tho sentence of the Court is that you lie imprisoned for 15 years, and that you receive one flogging of 10 lashes with the 1 oat 0' nine tails."