Sentences Varied (Press, 6 February 1965)
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Summary: Sentences Varied (Press, 6 February 1965)
On 6 February 1965, Mr Justice Wilson of the Supreme Court delivered a ruling regarding two men, Kevin Clarence Sinclair, 23, and Allan Crombie Potts, 37, who had appealed against their sentences for homosexual offences. Both men were previously sentenced to three months’ imprisonment by the Magistrate's Court on 28 January 1965. Sinclair was charged with allowing Potts to perform an indecent act on him on 15 January, while Potts was charged with indecently assaulting Sinclair on the same date. The appeal took place with Mr I. C. J. Polson representing the Crown, while Mr B. J. Drake defended Potts and Mr S. G. Erber represented Sinclair. In allowing the appeals, Mr Justice Wilson acknowledged that both men had pleaded guilty and noted the regrettable prevalence of such offences occurring in Christchurch. He highlighted prior instances where he had dealt with similar cases, including the disturbing lengths offenders would go to, such as altering public facilities that facilitated these acts. While affirming that the nature of the offences warranted a term of imprisonment to underscore the seriousness of the situation and serve as a public deterrent, Mr Justice Wilson recognised that neither appellant had a previous criminal record and both demonstrated good behaviour in their reports. He found it notable that two unrelated men could be involved in such an act of debasement. In light of these factors, the Justice concluded that although imprisonment seemed justifiable due to the nature of the offences and public interest, the appellants’ good character led him to substitute their sentences with fines of £50 each. Before announcing his final decision, Mr Justice Wilson emphasised the need for submissions to be made concerning the appeals.
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