FLOGGING PENALTY

Dominion, Volume 36, Issue 217, 9 June 1943, Page 7

FLOGGING PENALTY

Chief Justice’s Reference

"This is one of the most shocking cases that I have seen in about 50 years association with the administration of the criminal law,” said the Chief Justice (Sir Michael Myers), in the Supreme Court, Wellington, yesterday, when sentencing Francis Ernest McLeod, a married man, aged 31 years, for a crime of attempted rape, to which he had pleaded guilty in the Magistrates’ Court, Wanganui. “Let me read to you what the law was till quite recently," said Ills Honour. " ‘Every one is liable to 10 years imprisonment with hard labour, and, according to his age, to be flogged or whipped once, twice, or thrice, who attempts tq commit rape, or assaults any person with intent to commit rape.’ “But on September 17, 1941. that law was altered. On that date Parliament passed an enactment abolishing corporal punishment. I have to administer the law as it is, and I am not entitled to express an opinion as to whether the alteration made by Parliament was good or 'bad, wise or unwise. The law as laid down by Parliament must be assumed to express the will of the people, women as well as men. As far as I am concerned I must leave it at that. But you are in a different position; you are at liberty to rejoice in the reflection that the law shows much more tenderness and sympathy for you than you showed for tlie poor unfortunate elderly blind woman yon almost throttled am! then attempted to ravish. It is niy bounden duty to impose a sentence which will not he light, but I doubt whether it is not lighter than you deserve." His Honour then imposed a sentence of five years’ imprisonment with hard labour.