SUPREME COURT

Press, Volume LXXXII, Issue 24868, 7 May 1946, Page 3

SUPREME COURT

PRISONERS SENTENCED "The Court is always anxious to give a man another chance if that is possible,” said Mr Justice Fair in the Supreme Court yesterday when Cecil Arthur Hensley (Mr W. K. L. Dougall) appeared for sentence on a charge of theft. Mr Dougall submitted that drink had been responsible for the prisoner’s actions His, employer had stated that he was a good labourer when he was sober, and if the prisoner was released on probation his employer would take him back and would find a home for him. “You have a long list of offences,’’ said his Honour, “and in 1943 you were sentenced to six months’ imprisonment with hard labour and in 1944 you were fined for theft. There is no doubt that drink has been a contributing factor to your conduct, but there is a weakness for stealing and an attitude of mind which shows a total absence of honesty. “However, there is one thing in your favour, and that is the fact that you have not been before the Court for 15 months. This is an indication that you have made a real attempt to lead an honest life, and you will be released on probation for three years.” Special conditions made by his Honour were that the prisoner should pay £lO towards the cost of proceedings; that he should accept employment with his fortner employer and remain in that employment as the Probation Officer directed, and that he should take out a prohibition order. « Admitted to Probation Desmond William Barry (Mr D. W. Russell) appeared, for sentence on a charge of breaking and entering a shop and committing theft and bn a charge of breaking and entering a shop with intent to commit a crime. It was difficult to know what could be dorie with the prisoner, who was aged 19, said Mr Russell. His father believed that the prisoner’s actions were the result of some mental instability, and he had been examined by a doctor. “You exhibit a degree of irresponsibility that calls for some treatment, and you have been given an opportunity of changing your outlook,’’ said his Honour. “Your father’s good reputation stands you in good stead, and the service or your brother in the Air Force also stands you in good stead. This Court will, with some hesitation, suspend sentence, and you will be released on probation for three years upon the statutory conditions and upon the further conditions-that you reside with your father; that you accept such suitable employment as the Probation Officer may direct; that on reaching the age of 21 you take out a prohibition order, and that you pay £lO towards the cost of this prosecution.** -