FOR SENTENCE.

Auckland Star, Volume LXVII, Issue 58, 9 March 1936, Page 9

FOR SENTENCE.

FIVE PRISONERS.

TWO MAORIS REMANDED.

SALESMAN'S FURTHER LAPSE,

Of five prisoners who appeared before Mr. Justice Fair in the Supreme Court this morning after having pleaded guilty to various offences, three were sentenced. Two Maoris, Poneke Paki, aged 26, labourer, and Paki Haora, aged 27, labourer, had pleaded ?e f °re Messrs. W. P. Leslie and W. Keith, JJVs, at Wliangaroa 011 March 6, to charges of attempting to break and enter a shop by night with intent to commit a crime, and with breaking and entering a dwellingliouse by night, and theft therein, while against Poneke Paki theer was a further charge of unlawful carnal knowledge of a girl over the age of 12 and under the age of. 16. In their case, however, the judge said that it was uncertain whether their solicitor had been communicated ■with or whether he had received the communication. It was desirable that counsel for accused should be present wnen they were sentenced, and he therefore remanded them for a week. Children Must Be Protected. The war record of Hugh James Scott, aged 47, labourer!, who had pleaded guilty at Auckland to charges of indecent assault on a male and committing an indecent act, was quoted by Mr. K. C. Aekins, as proof of prisoner's feeblemindedness. Mr. Aekins said that accused, who was single, had arrived in New Zealand from Scotland in 1912 and h a d gone to the war. While he was in the Army he was committed to a mental hospital in Marseilles, whence lie was transferred to one in London. He was brought back to New Zealand under escort but was later discharged. _He is the least feeble-minded," said Mr. Aekins, "and seems to be a case for treatment rather than imprisonment, and he is willing to enter a mental hospital. By admitting the offences he did not put-the children to the shame of coming up to give evidence against him." Pointing out that the boy whom prisoner assaulted was only four years old, while two other children associated with the offence were only six and eight years old respectively, his Honor declared that little children must; be protected and such crimes as this prevented as far as possible.

"I have no doubt that the offences arise,out of the mental condition of the prisoner, which is not normal," remarked his Honor, "but his feeble-mindedness has been accentuated by his own manner of living and by drink, and a term of imprisonment must be imposed." On the first charge prisoner was sentenced to two years' reformative detention and on the second to one year's reformative detention, to run concurrently. Salesman from Christchurch. Coming up for sentence on charges of breaking and entering a dwellingliouse by day and theft therefrom and theft from a dwelling, to which lie had pleaded sruilty at Auckland, Leslie Richmond Henderson, aged 30, salesman, handed a written statement to the judge when asked if he had anything to say.

After reading the statement, bis Honor handed it to Mr. V. N. Hubble, who appeared for the Crown. Mr. Hubble said that the statement made by prisoner, that he was at present serving" a sentence of two years in Christchurch for breaking and entering and theft was correct.

"Why was he not sentenced in Christchurch for these offences?" asked his Honor.

Mr. Hubble explained that the offences were committed in Auckland, and all the witnesses were here.

"You say in your statement that you are anxious to reform," remarked his Honor, addressing prisoner, "but you seem to have chosen a life of crime rather than one of respectability. After a good primary and secondary school education, you spent a year at the medical college, but chose to leave there to work as a labourer, later embarking on a life of crime."

Reviewing Henderson's list of previous convictions, his Honor remarked that there was one for attempting to render a person incapable of resistance, with intent to commit a crime. In this case, he understood, Henderson had thrown come corrosive liquid in the face of a bank manager, intending to rob the premises. "I was only an accomplice in that crime," remarked Henderson. His Honor declared that Henderson s list of previous convictions qualified him to be declared an habitual criminal and, as Henderson had chosen to associate with those who had chosen a life of crime, he would have to give serious consideration to the question of declaring him an habitual criminal. Henderson's brother had, however, offered to n-ive him a chance when his present sentence of two years expired, and on those he would be sentenced to one year on each of the present charges, the sentences to be concurrent with cach other but cumulative on his present sentence. Theft from Dwelling. A written statement was also submitted to his Honor by Leslie Wilfred Guilford, aged 30, farm hand, who » pleaded guilty to one charge of theft from a dwelling and two charges of th His' Honor said that Guilford claimed that he had- assisted the police by admitting the offences after witnesses had *m 1 identify him as the culprit, and taUcd to identity m conviction apply'° *" thre,! cl,ar '" '