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Judicial CP - July 1942

Corpun file 24876 at

The Age, Melbourne, 17 July 1942, p.2

Judge Orders Whippings

Crimes of Violence

Press cutting

In addition to imposing heavy sentences upon seven prisoners who pleaded guilty to robbery charges in the Criminal Court yesterday, Mr. Justice Lowe directed that they receive whippings with the birch.

Eunice May Swire, 18 years, of Fitzroy-street, St. Kilda, and Murdoch Mcintyre, 19 years; Kenneth Graham Stewart, 21 years, and Brian Donovan, 21 years, soldiers, each admitted a charge of robbery in company. Swire, Stewart and Donovan pleaded guilty to a second charge of assault with intent to rob. Donovan admitted five prior convictions.

Addressing the prisoners, his Honor said: "All of you have pleaded guilty to the crime of robbery in company. Three of you -- Swire, Stewart and Donovan -- have pleaded guilty to a further crime of assault with intent to rob in company. In the case of the robbery, you behaved like a lot of animals in the jungle, seeking out a beast of prey, all by means of a girl luring a man into a dark place, and there attacking him with violence and robbing him. That is conduct which this court will not tolerate, and the sentences I am going to impose in the case of the men are such that I hope will bring home to them that, if they exercise violence as has been exercised here, the law in turn, will exact very complete punishment from those who have taken part in the crime."

To Swire his Honor said:-- "You behaved as a harpie, and you must be treated as such and put in a place where you will cease to do harm for a considerable time."

Stewart and Donovan were each sentenced to two years' imprisonment with hard labor, and a whipping of 20 strokes of the birch; McIntyre to twelve months with hard labour, and 20 strokes, and Swire to two years' imprisonment with hard labor.

Douglas Owen Doherty, 17 years, of Windsor-street, East Kew, painter and decorator, pleaded guilty to a charge of robbery with violence and was sentenced to three months' imprisonment and a whipping of ten strokes of the birch.

Ronald David Baker, 18 years, of Waverley-street, Richmond, carpenter, and Reginald Clarence West, 19 years, of Henry-street, Auburn, soldier, who pleaded guilty to charges of burglary and robbery under arms, were each sentenced to twelve months' hard labor and twelve strokes of the birch. His Honor directed that at the conclusion of their sentence they be detained in a reformatory prison during the Governor's pleasure.

Pleading guilty to a charge of robbery with violence, Terrance John Brian, 23 years, of Drummond-street, Carlton, horse breaker, was sentenced to two years' imprisonment and 20 strokes of the birch.

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