SLEW HIS FATHER

Waikato Times, Volume 122, Issue 20507, 25 May 1938, Page 8

SLEW HIS FATHER

SPENSLEY SENTENCED FOUR YEARS’ IMPRISONMENT COMMENTS BY THE JUDGE (By Telegraph.—Press Association) AUCKLAND, Wednesday A term of four years’ Imprisonment was imposed by Mr Justice Fair at the Supreme Court on Francis Borgia Spensley (19), who was found guilty by a Jury recently of the manslaughter of his father by shooting him with, a pea rifle on a farm at Swanson. Before sentence was passed, Mr Allan Moody for the accused, made a plea that justice should be tempered with mercy because of his mode of life he had not the usual mental capacity, and committed the dreadful act under stress of terror of physical punishment. “The fact that the jury acquitted the accused of the graver charge shows their opinion that at the time he fired the shot he acted under provocation which caused him to lose self-control and to obey the impulse of the moment said His Honour. “There remains the fact that when he fired two shots he knew they were likely to cause his father's death; yet he fired not once but twice,” said His Honour. This was an act which the law and right-thinking people regarded as the gravest of offences. No one was entitled to take life except in self defence, and the sanctity of life must be respected. What counsel had said would be taken into consideration. No Sinn of Remorse At the same time His Honour was not satisfied that the conditions of 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 will make it clear that the law is determined to mete out adequate punishment to those who take the lives of others.”

His Honour a #dod the least sentence he could iin;.'#se was four years’ imprisonment. ’Thai does not mean he will not be able to go into an institution where he can have the guidance of officers such as his counsel referred to.”