INDECENT ASSAULT

Wairarapa Times-Age, 27 November 1940, Page 9

INDECENT ASSAULT

ACCUSED GIVEN PROBATION. OFFENCE IN MASTERTON. (By Telegraph—Press Association.) WELLINGTON, This Day. Douglas Martin Esperson, printer, aged 22. was released on probation for two years by the Chief Justice (Sir Michael Myers), in thq, Supreme Court. Wellington, yesterday, on a charge of indecent assault upon a female child, aged 13 years and five months, at Masterton. Prisoner came before his Honour for sentence last week, but sentence was deferred for a week so that the Crown Prosecutor might supply further particulars about the girl, and that the probation officer might supply a report concerning prisoner’s character. Mr. R. Hardie Boys, who appeared for prisoner, said the case was not a bad one of its kind. Prisoner appeared to have come under the influence of an older man with a criminal record. He asked the Court to take the view that the youth was worthy of being given a chance to prove that he was a good citizen. Release on probation would meet the ends of justice. Prisoner lived in Lower Hutt, where he had a business. He had been engaged in street photography before having been set up in a printing business by his father in Lower Hutt.

The Chief Justice said he had great difficulty in this case, and had taken the trouble to obtain further reports. Certainly it was not a bad case of its kind; in fact, it was one of the lightest of its kind with which he had had to deal. At the same time he had very great hesitation in adopting the course suggested by prisoner's counsel. He himself doubted whether prisoner should be admitted to probation, but if the Court felt in doubt in matters of this kind, it was its duty to give prisoner the benefit of that doubt, and incline to mercy. His Honour ordered prisoner to be released on. probation for two years, on the conditions that he pays the cost of the prosecution (£1 Is.), within 14 days; that during the period of probation he remains in Lower Hutt, and lives with his father, and does not reside elsewhere than with his father; that he does not leave the town of Lower Hutt for more than 24 hours at any time except with permission of the probation officer; and that he does not associate in any manner whatsoever with a certain man (named by his Honour).