CHIEF JUSTICE SHOCKED

Evening Post, Volume CXL, Issue 23, 27 July 1945, Page 8

CHIEF JUSTICE SHOCKED

PENALTY FOR ESCAPE

SENTENCE AT TE AWAMUTU

In the whole history of the administration of criminal justice in New Zealand he had never heard of a prisoner being sentenced to an additional two years' har"d labour for escaping, said the Chief Justice (Sir Michael Myers) in the Supreme Court today. His Honour was referring to the case of Gordon Victor Joseph McKay, 25, labourer, who had been found guilty of receiving stolen property and who appeared for sentence. Reading from a document prepared by the Probation Officer, his Honour said it appeared that McKay had escaped from Waikeria .Reformatory and for that offence had been sentenced by Justices of the Peace at Te Awamutu to two years' hard labour additional to the sentence he was serving. There had been no violence either during the escape or recapture, and no otfence during the period of liberty. "I am quite satisfied of this," said his Honour, "that no Judge of the Supreme Court and, I believe, no Magistrate, would have imposed such a sentence. Quite frankly, it shocks my sense of justice." It was perhaps not unnatural that a prisoner should sometimes desire to escape, and it was the duty of the authorities to prevent him. In a place like Waikeria he could well understand that escapes might create a good deal of trouble, but he should have thought that three months was ample punishment.

"I can quite understand that a sentence of that sort tends to make a man a criminal," his Honour continued. The prisoner's record was not a good one, but he was shocked at the sentence imposed. "I would add that, if that is the way in which Justices impose sentences, it may well be worthy of the consideration of the Legislature that the term of imprisonment which Justices should in any case be allowed to impose might be limited to three months, and if any case comes before the Court in which it is thought that a longer sentence should be imposed, it should be turned over to a trained Magistrate. I intend in your case to take into consideration the fact. that in my opinion the country has done you an injustice and I shall endeavour to remedy that injustice as far as I can. But I want you to understand that you are being treated now with very great leniency, and for you this is the parting of the ways."

The prisoner was admitted to probation for 18 months and ordered to make restitution.