FAILURE OF APPEAL.

Auckland Star, Volume LV, Issue 168, 17 July 1924, Page 8

FAILURE OF APPEAL.

CONVICTION NOV TO BE DISTURBED. A YOUNG MAN'S OFFENCE. A young man named Desmond George Chandler, who was convicted of the theft of a butter dish and two silver spoons, of a total value of £1, from the Mercer railway tearooms on November 10 last, appealed against his sentence in the Police Court yesterday afternoon, before Mr. J. W. Poynton," S.M. Chandler was fined £10 on May 6, and the application for the rehearing was granted on May 22. Mr. Dickson, who appeared for Chandler, stated that he sought a fresh trial in order to dispose of the case without incurring expense. Accused was with two companions when the alleged theft was committed. In an affidavit, accused alleged that a detective had advised him to plead guilty, and also that reasonable efforts had not been made hy the police to inform Chandler's father of his arrest, and to secure bail. This was rebutted by Chief Detective Cummings, who called evidence to show that the allegations made against the police were unfounded. Mr. Dickson requested a reduction of the fine, and mentioned that the expenses incurred in the present rehearing came to £10 11/0. Counsel said that accused was a married man, and was at present out of work. Chief Detective Cummings mentioned that such cases of theft from tearooms and restaurants were always hard to detect, and a substantial penalty was the best deterrent. Mr. Poynton then said that the reason for the heavy penalty was that such thefts were becoming a pest. Mr. Dickson: It was only a mad escapade. Mr. Poynton: Well, we must stop these mad escapades. Mr. Dickson: I would point out that accused has never before been convicted of an offence. I would ask that he be convicted, and ordered to pay the expenses. The magistrate said that the worst feature of the case was that Chandler had tried to throw the blame on to other persons. He saw no reason why tbe penalty should be disturbed. Accused was ordered to pay the, fine and the costs. Chandler was then charged with failing to attend military parades and drills, and was fined £3, in default seven days' imprisonment. Two months were allowed in which to pay the fines.