ARSON ADMITTED

Auckland Star, Volume LXXII, Issue 281, 27 November 1941, Page 9

ARSON ADMITTED

HOUSE SET ON FIRE PROBATION GRANTED It was an irresistible impulse brought about by his nervous state that impelled Eric William Spear to set fire to a house, according to a plea entered on his behalf by Mr. A. Burns when Spear appeared before Mr. Justice Fair in the Supreme Cqurt to-day for sentence on a charge of arson.

The offence took place at Maungatapere, near Whangaret, on November 7 and accused admitted the offence.

Mr. Burns said that the prisoner was 28 years of age and had a wife and two small children. A farm worker by trade, he had been a sharemilker handling 60 cows and doing general farm work from June 1, 1941. The work was so difficult and the returns were so meagre for the first couple of months that prisoner had become so irritable and close to a nervous breakdown that he could not even bear the noise made by his children playing. His June and July cheques were £2 8/ and £1 14/ respectively, representing , his two-fifths share. They had, however, risen to £8 10/ in September and £30 in October.

"His only explanation for this offence is that he looked over at the house and felt an irresistible desire to see it burning," said Mr. Burns. "There was no question of friction with the neighbours and no thought of hatred or revenge. Spear had been diagnosed previously as being on the verge of a breakdown."

Mr. Burns added that Spear had paid in full for the damage done tq the house and was prepared to pay for the damage to tne furniture. If probation was granted, prisoner would not accept work in such an isolated area or work that was beyond his capacity.

His Honor said that arson was always a grave offence and was punished normally by a term of imprisonment. However, the probation officer of the district had recommended probation and there were certain exceptional circumstances about the case. His Honor said he accepted the evidence, confirmed by the probation officer, in connection with Spear's nervous state, though it was difficult to understand how a man could commit so serious an offence on impulse. Spear was admitted to probation for a term of three years on condition that he repay to the owner of the furniture the additional sum of £20 and that he should pay £10 towards the cost of the prosecution, at the same time conforming to the conditions of employment that might be laid down by the probation officer of the district.