Youths Sentenced For Brutal Assault

Sun (Auckland), Volume III, Issue 663, 15 May 1929, Page 1

Youths Sentenced For Brutal Assault

HEAVY TERMS IMPOSED HERNE BAY OUTRAGE Both at present serving sentences for breaking and entering, Roy Gordon Capel, aged 18, and William Gibson, aged 19, were sentenced today at the Supreme Court to long terms of imprisonment on charges arising out of a brutal attack on a young woman at Herne Bay on January 27. Gibson was sentenced to five years’ imprisonment and Capei to four years. Gibson, represented by Mr. Finlay, appeared for sentence on a char&p rape. His counsel said there wan really no difference between tUe crimes committed by both youths, and the differing verdicts merely jepresented an expression of two separate bodies of men. Gibson had been an epileptic all his life, and counsel suggested that the prisouer might benefit if he were given a reformative sentence. “On your own testimony, prisoner,” said Mr. Justice Kennedy, “you stood by and watched your companion overpower the girl, and you then committed the crime for which you were convicted. You have a bad history, beginning your criminal career six years ago, and in spite of leniency on three occasions you persisted in crime. The probation officer reports that low and weak mentality has a bearing on your conduct.” The sentence of five years’ hard labour was made concurrent with the sentence Gibson is at present serving. CAPEL’S BAD RECORD Mr. Webster, counsel for Capel, who was sentenced for assault with intent to commit rape, confessed that it was diificult for him to plead for his client. He could only express a hope that justice would be tempered with mercy. Capel had lost his father in infancy, and up till the time his anti-social traits became apparent his conduct was good. Addressing the prisoner, Mr. Justice Kennedy told him that he had set upon an innocent girl, and by violence prevented her from calling for assistance. “You are young in years, but old in crime,” said the judge, and past leniency has only furnished you with further opportunities for wrong-doing. At present you are serving a sentence for breaking and entering, and last November you stood trial for rape and were acquitted. Yet within two months, while waiting trial on another charge, you made this attack on a defenceless young woman.” His term of four years’ hard labour was also made concurrent with the sentence at present being served.