INDECENT ASSAULT.

Taranaki Daily News, 9 December 1921, Page 3

INDECENT ASSAULT.

CASE IN SUPREME COURT. / A VERDICT OF GUILTY, Charges of indecently assaulting two girls, one aged 14 years and the other a baby of 19 , months, were preferred against a middle-aged man, Herbert Shackleton, in the Supreme Court, New Plymouth, yesterday, before His Honor Mr. Justice Reed. Accused was represented by Mr. R. H. Quilliam, and the case was conducted by the Crown Prosecutor (Mr. C. H. Weston). The following jury were empanelled: W. J. Bennett, E. Andrews, A. J. Milne, F. W. McGregor, W. C. Bridger, R. Blanchett, A. J. Hale, C. Oliver, J. Scrimgeour, E. W. Goodall, E. Bergman, N. A. Christiansen. Mr. Milne was chosen foreman. The alleged offence took place at New Plymouth on November 9. His Honor ordered that the Court be cleared during the hearing of the case. In stating th£ ease the Crown Prosecutor said that the father of the girls had rented a house from Shackleton, accused reserving- one room himself, and the family was just moving in at the time. The mother was in a maternity home then, and consequently the care of the family devolved on the father. They were just arranging to shift in and the father went along accompanied by a boy six years old. It was .'between 4 and 5 o’clock in the evening and the father went down the town leaving the boy behind. While he was absent the girl of 14, who was in charge of the baby, arrived at the house. While she was engaged in getting tea Shackleton came in to the house. Apparently he was not sober. There would be the evidence of the girl as to accused’s acts. She ran out of the house and proceeded to the nursing home to inform her mother of what had taken place. The mother told the girl to inform the police but when she got back to the house her father was there and she told him. The father thereupon took off his coat and gave Shackleton a hiding. Later it was discovered that the baby had also been tampered with. Evidence was given by Dr. Wade, De-tective-Sergt. Cooney §md Constable Palmer. Accused,, on entering the box, said he had no recollection of the events on the night in question, and in reply to the Crown Prosecutor persisted in this statement. Addressing the jury, Mr. Quilliam said the defence accused was trying to Establish was that he had absolutely no knowledge of what took place that day. His Honor: That is no defence. Mr. Quilliam submitted that if Shackleton was incapable of forming an intent it would constitute a defence. In reply to His Honor, who said it was not a question of indent, Mr. Quilliam submitted that the ordinary prim ciple of mens rea must apply, and that if accused had not a guilty mind he could not be convicted of the, offence. His Honor said that if a man assaulted women or children it was an offehce whether ne was drunk or not, unless the indecency was accidental. Otherwise there would be no protection for unfortunate women and children. Drunkenness might be taken into consideration on the question of'sentence. Summing' up, His Honor said the case appeared to be a very clear one, and he reiterated that the fact that the man said he did not remember what happened had nothing whatever to do with the case. Without retiring the jury brought in a verdict of guilty on both charges. Sentence was deferred till to-day.