LIGHTER SENTENCE.

Auckland Star, Volume LXV, Issue 190, 13 August 1934, Page 8

LIGHTER SENTENCE.

COUNSEL'S APPLICATION. REFUSAL BY JUDGE. A lighter sentence than the twelve months imposed on Herbert Horace Baldwin, aged 25, for a breach of probation, was sought by Mr. W. Noble, who made an*application before Mr. Justice Herdman in the Supreme. Court this morning. Counsel explained that Baldwin had been sentenced to twelve months' reformative detention by Mr. F. K. Hunt, S.M., in June last for a breach of probation. He had pleaded guilty to two charges of obtaining £5 from money lenders and had . been admitted to probation. His Honor: He forged the probation officer's signature. Mr. W. J- Campbell, probation officar at Auckland, said that when Baldwin was before the lower Court he had been admitted to two years' probation on his recommendation and ordered to make restitution of £10. He had signed a paper saying ho understood thorough y the conditions of his probation, which barred him from entering hotels and billiard rooms and going on racecourses "His license papers came into ray possession and I found that he hud forged my signature," said witness. "He also wrote a letter to his wifo saying that the whole of the £10 restitution had been paid, He admitted that he wrote the letter and that ho used my name. He told me he had a party at his house and that the keg was still there. He admitted that, he had gone out every morning with his lunch and pretended to his wife that he was going to work." Mr: Noble: When his wife saw you, did it appear that she was trying to "got one an to him ?" His Honor: Is it necessary to go ou with this? Mr. Noble; Yes, sir, I want the thing thoroughly thrashed out. It is atrocious, His Honor; Atrocious? Mr. Noble; Yes, sir, atrocious. His Honor: Kavo I power to increase tho penalty.? I know the Court of Appeal has. This man was admitted to probation and thon he forged the probation officer's: name. Mr. Noble said- there was tho very intricate question of law as to whether a man could forge a signature for his wife's benefit. ■ She could T.'ot go along and give evidence against her husband about it. Counsol submitted that Baldwin was entitled to consideration. | His Honor: His own father eays he. is I a waster; lie says he lias had "trouble I with him since 1920 and believes that j he should be put away for a considerable time. After hearing further argument his Honor said he could find no justification for interfering with the sentenoo of the' magistrate. Baldwin .probably deserved a longer sentence, and if his Honor had had the power to increase it he would probably have done so. *