THREE MONTHS’ GAOL

Sun (Auckland), Volume IV, Issue 1042, 5 August 1930, Page 16

THREE MONTHS’ GAOL

MAN’S SERIOUS OFFENCE "it is very sad that on reaching the age of 55, and having no previous convictions, you should be found guilty of attempted indecent assault on a boy,” remarked Mr. Justice Smith in the Supreme Court this morning, in sentencing Joseph Baxter to three months’ hard labour. On behalf of the prisoner, Mr. Noble pointed out that Baxter had not previously been before the Court in this country for any offence. A medical report on Baxter, which had been obtained, showed obviously that at one stage the prisoner was mentally deficient, and counsel suggested that the man’s acts were so utterly stupid it was apparent that something was radically wrong mentally. In view of the fact that the jury had found there had been only an attempt, .and that the man had no previous convictions, Mr. Noble appealed for a lenient sentence. In passing sentence, his Honour said that in spite of the medical re-, port the prisoner had been working continually on the Public Works. He found it impossible to grant probation in these cases, but he would take into consideration prisoner's previous good character. In view of the fact that no physical harm had been done to the boy and prisoner's absence of previous convictions, his Honour thought the proper sentence was three months’ hard labour.