DRASTIC CLAUSES

Sun (Auckland), Volume II, Issue 484, 13 October 1928, Page 28

DRASTIC CLAUSES

N.S.W. CRIMES BILL FLOGGING FOR RAZOR-SLASHERS Severe punishment of razor-slashers and for persons found carrying razors for unlawful purposes, and stringent provisions for dealing with women shoplifters and drunken motor drivers, are contained in the Crimes (Amendment) Bill introduced into the New South Wales Legislative Council last week. The existing law already empowers the courts to order floggings for sexual offenders, the power being entirely at the discretion of the Judge. The amending Bill provides for whippings to be ordered in cases of wounding with intent to do bodily harm, or maliciously wounding, or of inflicting grievous bodily harm. The provision is made as a deterrent to the practices of razor gangs and to the use of bottles as instruments of offence. The amendment will also enable the magistrate before whom an arrested person is brought to inflict a term of imprisonment not exceeding six months if there is found on the person a razor, razor blade, or other cutting instrument, and he does not satisfy the magistrate that he is carrying the weapon for a lawful purpose. Another provision sets out that women charged with shoplifting shall not be entitled to the benefit of the First Offenders Act, under which the hearing of the first minor charge may be held in camera. Any person convicted of drunkenness while in charge of any mechanically propelled vehicle shall, on summary conviction, be liable to imprisonment not exceeding six months or a fine not exceeding £SO, or to both. The court shall also have power to disqualify, for any period, persons convicted of such such an offence. A person declared to be an habitual criminal is, under the Bill, given the right of appeal. Provision is made to confer additional powers on Criminal Courts in regard to amendment

of indictments, separate trials on counts in an indictment, and postponement of trial. The also provides for a Judge of the Supreme Court to give leave to prosecute for perjury in cases where the Judge, chairman or magistrate before whom the case was tried has died or his commission ha-, terminated. Power is given to a magistrate to impose imprisonment not exceeding six months, or a fine not exceeding £SO, on persons convicted of making false statements respecting births, deaths and marriages. The Crown, however, reserves the right to proceed by indictment in a higher court in serious cases. A verdict of concealment of birth may be found where a person is charged with the manslaughter of a child, as -well as with the murder of a child. Another clause empowers magistrates to bind offenders over to be of. good behaviour for a period not exceeding three -years, or less than one year, without first imposing a fine or imprisonment. Under the existtng law a magistrate cannot bind any person over to be of good behaviour unless he is first sentenced to a period of imprisonment. The Bill also provides that where a member of a jury is discharged owing to illness or for any other reason the trial may proceed providing that both the accused and the Crown Prosecutor consent *n writing, and also provided that the number of jurymen is not reduced below 10.