Three Years for indecent Assault.

Manawatu Herald, 7 February 1903, Page 2

Three Years for indecent Assault.

, John Joseph Murphy, who was convicted on Monday of indecent assault on a girl of seven years, and whom the jury recommended to be flogged, was put forward for sentence. His Honor, in passing sentence, said the prisoner’s case was an exemplification of the old proverb, that often as the pitcher goes to the well it will be eventually broken. On two previous occasions the prisoner had beau fortunate enough to get off for similar offences, and he (the Judge) should deal with the present case as if the prisoner had never bean guilty of any previous offence. The jury had recommended that he should be flogged, and he (the Judge) was in the habit of paying attention to the recommendation of juries ; but where the punishment was an exceptionally severe penalty—although he carefully considered the recommendation of the jury—the responsibility was entirely his, as to whether it should be carried into effect. He -did not propose to order the prisoner to be flogged on the present occasion, not because he thought the prisoner did not deserve it —because he thought he did—but because he did not persist to the full accomplishment of his crime; and he (the Judge) did not wish it to be considered that the punishment would be the same for such criminals whether they completed their crimes or not. That was why he did not order flogging in the present case, but the prisoner should undergo three years’ hard labour.