HOUSEBREAKING CHARGE

Press, Volume LXX, Issue 21307, 29 October 1934, Page 14

HOUSEBREAKING CHARGE

MAN'S PLEA FROM DOCK (PR£SS ASSOCJATIOX a£LEGKAH.) WELLINGTON, October .27. A brief but moving plea from th« dock after counsel had spoken for him and his Honour Mr" Justice Ostler was about to pass sentence upon him in the Supreme Court, saved Mervyn John Gudby from being declared an habitual criminal. With his brother, Arthur Charles Cudby, he appeared for sentence on five charges of housebreaking to which Arthur Cudby, near the end of the trial, had dramatically pleaded guilty on Thursday and on which Mervyn Cudby was found guilty by the jury. This morning each pleaded guilty to four other charges of housebreakinjf and to a charge of having been found unlawfully in possession oi housebreaking instruments. His Honour, although he had just previously expressed his intention of doing so, refrained from declaring Mervyn Cudby an habitual criminal, and ordered reformative detention lor a period not exceeding four years. Arthur Cudby was sentenced simi'"- ' to a period not exceeding three years. The Crown Prosecutor pointed out that there were 24 convictions against Mervyn Cudby in 19 years. His Honour referred to the fact that there had been an epidemic of housebreaking in Wellington, and that it ceased immediately on the arrest of prisoners, and that the police had prepared evidence in 50 cases against them. He said Mervyn Cudby had made up his mind to live by preying on society instead of working, and apparently for that purpose had recently purchased a car to use as a tool in hi* trade of housebreaking. He did not like to declare a man an habitual criminal. He always hesitated to do so, and in the 10 years he had been a judge he had done it only twice. It semed to him that he would be failing m his duty to the public if he failed to declare Mervyn Cudby an habitual criminal. At this point Mervyn Cudby appealed to his Honour not to declare him an habitual criminal this time, cut to give him one last chance. He Sa ii f he were given a chance he would make up his mind to give up crime when he had finished the sentence. His Honour said he would give him a chance, although he was not sure uiat he was not failing in his duty to the public.