SENTENCE PASSED

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

SENTENCE PASSED

FOUR PRISONERS. JUDGE'S WARNING TO YOUTHS " BIRCH VER^ r EFFECTIVE." Four prisoners appeared for sentence before Mr. Justice Herdman in the Supreme Court this morning. Two youths aged 17, Robert Franklin Jones and Ernest Bcrtrand Rhind, who had pleaded guilty to breaking and entering a shop and theft were treated leniently because of their age, an extra year's probation being added to the period of two years' supervision already imposed on them. "Both cases are somewhat similar," said Mr. Hall Skelton, who appeared for Jones. "These lads got into bad company and that led to their appearance here. I have found a good position for Jones up north, where he will have to work hard and under strict discipline. He will probably learn more in this position than he would in an institution." His Honor: Being reluctant to send boys to gaol where they will mix with criminals, I propose to extend probation to both. What ought to be done with boys like you is that you should be birched, but the law will not allow that. The use of the birch is very effective. If you do not behave yourselves you will be sent to an institution.

HARD LABOUR TERM. A suggestion that Thomas George Nelson, who appeared on twelve charges of false pretences, should have his brain X-rayed was made by Mr. Hall Skelton. "Prisoner has quite a long list of similar offences," said counsel. "When he was 17 he had a nail driven into his brain, and he was in a serious condition for some time. Some months after he started a series of these offences, and I am told that he has bad head attacks before he attempts a series of these offences. On one occasion he was sentenced to a period of four years' probation, and that appeared to be successful. He has pressure on the brain, and I believe he should be X-rayed. There is something wrong with a man like this. His Honor: There is nothing in the police report about his disability. His Honor said that in 1917 prisoner had been admitted to probation for theft, and he was convicted in 192.1, 1920 and 11)32, when he was sentenced to two years' imprisonment for false pretences. Now he had pleaded guilty to 12 charges of false pretences involving £80. He was sentenced to two years' hard labour.

FORGED DOCUMENT. On behalf of Edgar Allan Ponney, who appeared on two charges of forging and uttering, Mr. Noble said that Penney had forged an order made out for his mother-in-law. He was a relief worker, and the money went to his children. He had been drinking, and was in a muddled state, and he might have thought that he was entitled to the money. When he came to his senses lie made restitution of £1 10/.). His wife died recently. Counsel asked for probation. His Honor said that there was nothing in the police report to justify him in taking a lenient view. Prisoner had forged a document belonging to a Maori woman, and had then made restitution to her, but nevertheless the offence had been committed. Jn 1932 Penney had been convicted on an indecent act. He had also been convicted of converting a motor launch and of false pretences.

Prisoner w*a sentenced to nine months' ward labour.