GAOL TERMS.

Auckland Star, Volume LXIV, Issue 130, 5 June 1933, Page 8

GAOL TERMS.

CRIME PUNISHED. TWO HABITUAL CRIMINALS. CHIEF JUSTICE'S COMMENTS. Two of five prisoners who had pleaded guilty to various offences were declared habitual criminals by the Chief Justice, Sir Michael Myers, in the Supreme Court this morning. One man admitted 28 charges of breaking, entering, theft and false pretences, while the other confessed to indecent assault and a gra\ei charge. Both were sent to gaol for five years, with hard labour. Harris O'Neill, admitted 18 charges covering breaking, entering and theft "at Auckland, nine similar charges at Wellington, and false pretences at Hamilton. , , Mr H. V. Townshend, who appeared for accused, said the Court would appreciate the difficulty he had in asking for leniency for a man who had pleaded guilty 'to such a long series of offences. Prisoner was, by profession, a p'naimaceutist, and had gone through the war las a dispenser. After an honourable discharge he lived an honest life up until 1920. While he was recovering from the effects of a drinking bout, lie stole a motor cycle at Hamilton, and later Si,olc £20 from a man in Auckland. He was arrested 011 that charge, but absconded from bail and went to Australia. "O'Neill did 110 good for himself there." said Mr. Townshend, "and he came back to New Zealand in 1032, when lie got married. Ho lias not been able to lind any work, and the fear of arrest lias been hanging over his head. Prisoner was arrested in April of this year, and lie has decided to have all matters against him cleared up, so that he can make a fresh start. Ho has saved the country considerable expense by pleading guilty—" His Honor: He will not save the.country money in the future.

"ORGY OF CRIME." "There seems hope of him once more becoming a decent citizen," concluded Mr. Townshcnd. "He lias been two months in prison, and I ask that you impose a sentence with such lcnicney as will not crush Jtis hope."

His Honor (to prisoner).' In September, 1 924, you were convicted of stealing and receiving in Queensland and sentenced to six months; in May, 1930, you were eonvictc dof breaking, entering and theft in Sydney, and sentenced to JS months; in June, 19.'! 1, you were convicted of stealing in Sydney and sentenced to six months. Is that so?

Prisoner: Yes, sir. His Honor: You have pleaded guilty to IS charges of breaking and entering round Auckland, nine charges in Wellington, and done in Hamilton. In addition, your tendencies are indicated by your Australian record. An orgy of crime such as you have been guilty of during the past few months must be severely punished. The sentence of the Court is Jive years with hard labour. In addition, you are declared an habitual criminal. On the common theft charges and the false pretences you are sentenced to one year with hard labour, tho sentence to be concurrent with the liveyear term.

His Honor said prisoner's release from gaol would depend on whether he could prove to the Prisons Beard his ability to reform arid that he might be allowed at large without being a mcnacc to the public. Ills Honor made a general order for the restitution of stolen property found In prisoner's possession.

"SHOCKING OFFENCES." Severe comment was made by hi? Honor concerning the offences of Samuel George Wallace, a middle-aged man, who admitted a charge of indecent assault and a graver offence at Whangarei. Prisoner was not represented by counsel. His Honor: Apparently you were ■sentenced to four years for a similar offence in 1928? Prisoner: Yes, sir. His Honor, to the Crown Prosecutor, Mr. V. 1». Meredith: He has qualified, has he not, for being declared an habitual criminal? Mr. Meredith: Yes, sir. "The most systematic and frequent offences against property cannot be compared in gravity with those shocking offcnces," said Sir Michael Myers. "The Crimes Act authorises the Court to order a (logging in addition to a prison term, but I do not propose to adopt that course. It may be that your offences arc the result of a diseased mind. It is the only theory I can suggest for the commission of offcnces such as these. The offences to which you have pleaded guilty arc not isolated. The sentence in 192S sums to have had no cffect in checking your extraordinary tendencies. The tendencies are sueli that obviously the community must be protected from your being at large."

Wallace was sentenced to five years' hard labour on the indecent assault charge and five years on the graver count, the terms to be concurrent. He was also declared an habitual criminal.

ADMITTED BIGAMY. Bigamy at Auckland was admitted by Arthur Dryden Hoskcn, an Englishman. His Honor ordered prisoner to come up for sentence within twelve months when called upon, and ordered him to pay tho costs of the prosecution, £1 1/. A history of prisoner's career was given by his counsel, Mr. R. E. X. Matthews, who said it was an exceptional case. At the age of 13, Iloskcn had joined the Royal Navy, and served through the war. By industry and good character lie was promoted to' tlio Air Force, but was shot down, and was for two years in hospital with serious injuries. After that ho served on ships as a radio man, and all his discharges showed the highest marks for good conduct. lie was married in England, but' ho divorced his wife bccausc she was unfaithful while ho was away at sea. "All his life he lias been supporting his parents in England," continued Mr. Matthews. "On the second occasion ho was married in Melbourne, and ho saw his wife only for three or four days every few months. Eventually ho got a shore job in Sydney, and tried to get his wife to come from Melbourne, but she refused. Proceedings were started by him in Sydney, and his wife then rang to say that she would divorce him. Eventually he came ro Xew Zealand and married a widow three children. She wants to stand by him. I feel that in view of the circumstances this is a case.'for probation." The offence was not one on which the Court was accustomed to consider the granting of probation, said his Honor. However, the report of the probation officer was exceptionally favourable, and ho felt justified in taking responsibility for the coursn lie adopted.