THE SWANSON TRAGEDY

Wairarapa Times-Age, 26 May 1938, Page 6

THE SWANSON TRAGEDY

SPENSLEY SENTENCED.

FOUR YEARS’ IMPRISONMENT.

(By Telegraph—Press Association.) AUCKLAND, May 25.

A term of four years’ imprisonment was imposed by Mr Justice Fair in the Supreme Court on Francis Borgia Spensley, aged 19, who was found guilty by a jury recently of the manslaughter of his father by shooting him with a pea-rifle on his farm at Swanson.

Before sentence ’ was passed, Mr Allan Moody, for accused, made a plea that justice be tempered with mercy. Because of his mode of life, accused was not of the usual mental capacity and committed the dreadful act under stress of terror of physical punishment.

“The fact that the jury acquitted accused for the graver charge shows in their opinion that at the time he fired the shot he acted under provocation which caused him to lose selfcontrol and obey the impulse of the moment,” said his Honour. “There remains the fact that when he fired the two shots he knew they were likely to cause his father’s death. Yet he fired not once but twice.” This was an act which the law and right-thinking people regarded as the gravest of offences, continued his Honour. No one was entitled to take life except in self-defqnce, and .the sanctity of life must be respected. What counsel had said would be taken into consideration. At the same time his Honour was not satisfied that the conditions of the accused’s life were so difficult as some of the evidence indicated. Accused was old enough to realise the great gravity of his act, and his subsequent conduct showed no sign of remorse. “I desire to make the sentence as lenient as possible,” said his Honour, “but it must be such that it will make it clear that the law is determined to mete out adequate punishment to those who take the lives of others.” He added that at least the prisoner would be able to go into an institution where he could have the guidance of officers such as those to whom his counsel had referred.