CHARGE ALTERED

Hokitika Guardian, 23 March 1921, Page 4

CHARGE ALTERED

AIANSLAUGHTER TO AI ORDER

A JUDGE ON “INTENT.”

An interesting discussion took place at Brisbane in the criminal sittings of the Supreme Court between the Chief Justine, Sir Pope Coopqr, and the Crown Prosecutor, Air Kingsbury, on tlie decision of the Judge that the prisoner before the court should be indicted on a more serious charge than the one preferred against him. Philip William Charles was charged with the murder of Herbert Aspinall at Imbil, near Gyrapie, in December last and Air Kingsbury explained that while an auction sale was proceeding at a dairy farm a young man named Ledger was knocked down by Aspinall, and Charles who was a couple of yards in the roar then picked up a stick and felled Aspinall, fracturing his skull.

His Honour: From what you «ay. it appears to me it is a case of wilful murder.

Air Kingsbury: Accused was u-t".ig under sudden passion, seeing his friend knocked down. His Honour: Does that entitle another man to pick up a stick and knock deceased’s brains out ? Air Kingsbury: Your Honour thinks on th e facts as I have opened that the intent must have been to kill? His Honour: I think so. Mr Kingsbury: In that case T enter a nolle proseque and present an ndietment for wilful murder. His Honour said he thought it would be necessary to have a new jury. He ‘thereupon adjourned the case, and instructed the jury empanelled not to discuss what they heard of Air Kingsbury’s opening, and not to give anyone the impression that Hie prisoner was in greater peril than before. He added that lie did not think a similar circumstance had arisen before in Queensland.