Case
p. 39 · Read in the full issue
FUND FOR REVIEW OF THE JAMES LARKIN
Letter to the Editor.
MURDER is the unlawful killing of a human being by another human being with malice aforethought. The absence of malice aforethought reduces the crime to manslaughter.
Malice aforethought refers to the state of mind preceding or co-existing with the act or omission which causes death. It may mean any state of mind from a posi tive intention to kill some particular per son out of hatred or ill-will, down to that state of mind which consists in the mere knowledge that the act will probably cause the death of, or grievous bodily harm to, some person, even although such know ledge may be accompanied by a wish that death or grievous bodily harm may not be caused.
According to your August issue, a China man, while in a rage, attacked his wife and inflicted several wounds, one of which could have proved fatal. The inference to be drawn from the paragraph is that he attacked with intent to kill, or to do grievous bodily harm. Judge Wanliss sen tenced the Chinaman to two years’ im prisonment.
Larkin who very severely caned a native, with no apparent reason to kill, was sen tenced by the same judge to 10 years’ imprisonment.
Such verdicts tend to puzzle the layman.
Does “Justice” depend on the development of septic poisoning; or is there one law for the Chinaman and another for the white-man?
If a parent or a school-teacher severely canes a child there is a possibility of breaking the skin and the wound turning septic—risk, 10 years with hard labor!
Attack on wife and infliction of many wounds, one of which could have been fatal —risk, two years!
Certainly, Justice is blind, and I suppose that is why she cannot observe sometimes whether her balance is true.
I would suggest that her weights and measures, on occasion, require inspection and overhaul. I therefore attach hereto a cheque for £3/3/- as a contribution toward the expense of having the Larkin case re opened.
Mr. Editor, there must be other people who do not understand such verdicts. Is the Judge’s decision final?
I am, etc.,
Waiben.
Thursday Island. 7th June, 1934.