THE MAXIMUM SENTENCE

Hokitika Guardian, 17 February 1928, Page 4

THE MAXIMUM SENTENCE

JUDGE DISAGREES WITH JURY. AUCKLAND, Feb. 15. A remarkable situation was created in the Supreme Court to-day "'hen Air Justice Reed passed sentence upon Lawrence Mackenzie, aged 41, of Parnell, who was found guilty by a jury yesterday of assaulting his wife so as to cause actual bodily harm, prisoner having Iteen acquitted on a charge of attempted murder. His Honour passed sentence of five years impi isonment, with hard labour, but Mr Moody (defending) pointed out that under the section of the Crimes Act the maximum penalty for causing actual bodily* harm was one of three years. The penalty was registered accordingly. When the ease was called Mr Moody made a final speech to the Judge, in which he admitted that it was not a case in which probation could be i skrd for, but lie (Mr Moody) did ask his Honour to exercise what leniency he could. Passing .sentence, hrs Honour said that according to the evidence given in tlie ease accused had been unfortunate with his farm. That was probably correct, but on tlie other band lie bad been very fortunate in regard to tlie results following upon this attack on bis wife. He might easily have been upon his trial for murder. He bad also been lucky in finding a sympathetic jury. “I don’t agree with their verdict a bit,” said bis Honour. “I am satisfied you bad every intention to murder your wife. Your nerve failed you when you found she was incapable of resistance. My own view is that you planned the whole matter. You procured Ihe hummer with Hie purpose of either killing your wife or of stunning her so that she could not resist. I think your mental condition was such that you were irresponsible, blit 1 do not suppose your mental faculties are of a very high quality. No man of a wellbalanced mind would deliberately tontemplate and attempt to carry out a cold-blooded murder. •*f must, however take into consideration the fact that the jury found you not guilty of attempted murder and recommended you to mercy. They give as their grounds that you bad been worried. That is not a ground that appeals to me. Giving all these circumstances consideration, T cannot impose less sentence than that of five years’ imprisonment with bard labour.’’ Prisoner uttered a cry. He was at once taken below. .Mr Moody immediately rose to bis feet. “May I.” lie asked, “draw your Honour’s attention to Hie fact that the maximum sentence for tlie offence under the section is throe years?” His Honour: T overlooked that. Bring the prisoner back. Mackenzie was not recalled to llie dock, but il was indicated tnnt the sentence would be one of three years, not five. “Tie deserved five years.” commented his Honour.