NO PROBATION.

Auckland Star, Volume LXVI, Issue 43, 20 February 1935, Page 9

NO PROBATION.

YOUNG MAN'S OFFENCE

ASSOCIATES ALSO GAOLED. COMMENT BY JUDGE. An announcement that probation | could not be granted those guilty of unlawful carnal knowledge was made by Mr. Justice Herdman at the Supreme Court this morning, when he sentenced John Russell, aged 22, who had admitted three such charges, the girl concerned being under sixteen, and also a charge of unlawfully procuring a drug for an illicit purpose. His Honor, after listening to a plea, for probation by Mr. Mackay, on behalf of the prisoner, said that he could not see his way to grant it. From the number of testimonials that had been sent to the Court on the prisoner's behalf it seemed that an attempt had been made to influence the Court. He was quite prepared to accept the testimonials as true, but when he came to deal with offences of this kind he had to remember that the punishment served two purposes. Apart from the punitive effect of imprisonment it also served as a deterrent. If he granted probation then he would have to give other young men who interfered with young girls their liberty. Any damage to the prisoner's reputation had alreadybeen done, for he had stood in the clock and been pilloried before public opinion. Referring to the circumstances of the case his Honor said that prisoner had become associated with two other men at Hukatere, near Dargaville, named i Ferguson and Rust, and they became known as "The Three Musketeers." Prom the police report it appeared that they had made some arrangement, assisted by older girls, to introduce young girls to immoral practices. Lately there had been quite a number of these offences. His Honor then mentioned that Mr. Justice Fair had sentenced one of the other men associated with prisoner to 12 months' imprisonment, and he had ordered reformative detention not exceeding twelve months for the other. In the present case, taking into consideration the prisoner's character, the sentence would be three months' imprisonment. , On behalf of the prisoner Mr. Mackay had stressed the clean life he had led until he became influenced by the ether two men, who lived on an adjoining farm.