Supreme Court Three Men Sent To Prison (Press, 24 February 1968)

On 24 February 1968, Douglas Bruce McFarlane, a 33-year-old Australian, was sentenced to three years imprisonment in the Supreme Court on five charges of sodomy. McFarlane, who suffers from cerebral haemorrhage, was said by his counsel, Mr D. J. Hewitt, to be in such a precarious state that he could "drop dead at any moment". Mr Hewitt argued for McFarlane's deportation, stating that requiring medical attention in New Zealand would be costly for taxpayers. However, Mr C. M. Roper, representing the Crown, contended that Australian offenders in New Zealand should not face lesser penalties than imprisonment. McFarlane, a former soldier, had pleaded guilty to the charges concerning three male youths aged between 16 and 18, having reversed a prior not guilty plea. He had arrived in New Zealand in March 1967, after violating parole in Melbourne, where he had previously received two sentences of three years for indecency involving males. Justice Macarthur, during sentencing, expressed regret over McFarlane's criminal behaviour, especially given his previously good record with the Australian Army, and indicated that his deportation would be determined by the Minister of Immigration. In a separate case, Edwyn John Merewether, a 27-year-old carpenter, attempted to rape a 65-year-old woman. His counsel presented a psychiatric report from Dr R. W. Medlicott, suggesting Merewether was in a semi-automatic state driven by a compulsive tendency at the time of the offence. Given the circumstances, Justice Macarthur sentenced Merewether to 10 months imprisonment, followed by a year of probation with the condition of undergoing psychiatric treatment. The judge acknowledged the need for a substantial penalty but recognised the peculiar circumstances surrounding the case, also noting Merewether's positive qualities as a worker and his lack of a prior criminal record. William Warren Cane, a 21-year-old unemployed workman, received a six-month prison sentence for conspiring to defeat the course of justice. Cane, already disqualified from driving, conspired with a passenger in his vehicle to switch seats and falsely claim that the passenger was driving when stopped by police. After standing trial and conducting his own defence, Cane had been warned by Justice Macarthur for his conduct, which bordered on contempt of court. Upon sentencing, the judge considered Cane's youth and the time he had already served for disqualified driving but emphasised the importance of adhering to legal restrictions and not obstructing police efforts.

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