ESCAPE FROM CUSTODY

Press, Volume LXXXVII, Issue 26357, 27 February 1951, Page 5

ESCAPE FROM CUSTODY

OTTO AND OTHERS SENTENCED

TERMS OF IMPRISONMENT IMPOSED

Five prisoners who had been found guilty after trial by jury and three who had pleaded guilty in the Magistrate’s Court, appeared before Mr Justice Northcroft in the Supreme Court yesterday for sentence.

Escape from Custody Cecil Robert Gurr Otto, aged 39, was sentenced to two years' imprisonment with hard labour, on a charge that, having been sentenced to life imprisonment for murder, he escaped from lawful custody at Burwood Hospital on November 12, 1950. The sentence is to be served at the end of the sentence he is now serving. Nancy Gibbs, aged 23 a domestic aid, who had been found guilty of conspiring to assist Otto to escape, of assisting Otto to escape, and of being an accessory after the fact to a crime—toe escape of Otto, was sentenced to six months imprisonment with hard labour on each charge, the sentences to be concurrent. Robert James Harvey, aged 21, a last puller, who; had been found guilty on charges of conspiring in the escape and assisting in the escape of Otto, was sentenced to tour months’ imprisonment with hard labour, toe Sentences to be concurrent. • • David George Frederick Reed, aged 35, a machine operator, who had been found guilty on a charge of being an accessory after the fact to Otto’s escape, was. sentenced to one month’s imprisonment with hard labour. The position was somewhat difficult, because Otto was under sentence of life imprisonment, said Mr J. R. L. Campbell, who appeared tor Otto. During the time Otto was in hospital he had nothing to look forward to but prison. For nearly a year he was left unguarded in hospital, and he would have been more than human if, at the end of the time, he had not taken advantage of that. . Mr M - L. Lough nan, who appeared for Gibbs and Harvey, said that Otto had a great deal of charm and personality, knew it. His past life appeared to warrant the submission that he lacked scruples and would use any possible means to achieve his purpose. Harvey was a perfect example of a man who could I T* dli >’_ be talked into such a thing a " h * did. J or ,ome months he, was a patient in Burwood Hospital, arid was associated with Otto, whom he visited regularly after he (rfarvey) was discharged from hospital. It was not until seven months after his discharge that he V s chosen as a sufficiently easy victim for Otto’s work. He was only 21 and ■,P*f fec °y clean record up to the time of the present offences. Lnfortun- £ e was J?«r«uaded by Otto that Otto s chances of escape were certain. No remuneration was given to Harvey. He ’"'rely a pawn in Otto’s game. Gibbs, unfortunately, was in the position of being quite infatuated with Otto, “id counsel. This was shown by the fact that she was prepared to spend about three weeks in the bush under primitive Hattons. She al# ? she an<l Otto mtended to marry when he got out of the country, and she made a statement that she was in love with Otto, knowing that JI J?? 1 # 1 r F ce ve <*•«* Publicity. The temptation to escape was thrown in their W b Zixx e laxlty ot the prison authorities. Gibbs was an easy, ready, and willing victun for Otto’s designs to escape. SA' ?°y n S’ coun *®‘ tor Reed, said . .Heed had been acquitted on what S iß a h «i£mJ? e F med the m «tor charge. that of assisting in an escape. The jury also had recommended mercy. Reed had an unblemished record, and ha had played the least part in the escape. His Honour said he was not prepared to take die view that the prison authorities invited the episode. They acted with g** fl h n Tl nlt ? t nd / ven todtogXe to Otto, and he took advantage of it. He had even brought others into it. Otto worst offender. In sentencing " e , ed he 'J' cui £ hav « reEard to his lesser 018 Jury s recommendation, said his Honour.

Breaking and entering William Crawford, aged 29, a* labourer, tor whom Mr W. G. P. Cuningham appeared, was sentenced to 12 months’ imprisonment with hard labour on a charge of breaking and entering the counting-, house of the Presbyterian Social Services and committing theft. The sentence was made cumulative to the one Crawford is at present serving. His Honour said that Crawford, who. counsel had said, came from Australia, had not been in New Zealand long, but already he had begun to build up a list. It would seem that he was addicted to crime.

Series of Offences Frank William Mushet, aged 32, a deck, who had pleaded guilty in the Lower Court to 19 charges of housebreaking and four charges of theft, on one indictment, and to 20 charges of breaking, entering, and theft, and three charges of theft, on another indictment, was sentenced to two years' imprisonment with hard labour, cumulative to the sentence he is at present serving. „Mr M. G. L. Loughnan, counsel for Mushet, said the circumstances of the case were quite extraordinary. Mushet had had a steady job at £525 a year and he had never been in financial difficulties. « appeared that he had these lapses only when he was under the influence of alcohol. He was not a criminal or he would not have kept the vast majority of the property.concerned in the « charges in his house. Hi*; Honour: He ha* been furnishing his bouse with other people's property, but that does not explain the money that he stole. ' '

Mr Loughnan submitted that Mushet's actions showed something mentally deficient and not criminal. He had been already sentenced in the Magistrate’s Court at Wellington to six months’ imprisonment. Counsel suggested that Mushet should be examined by a psychiatrist during that time and should be remanded on the present charges until thd, epd of that sentence. ; His Honour said it certainly was,.an extraordinary story that Mushet should have, over the years, raided house after house. It was difficult tobelieve that Mushet committed/the offences only when he Was under the influence of liquor. If so, he must ,Khve been a Very heavy drinker; Mushet seemed to be an inveterate thief. The suggestion that Mushet be medlcnliy examined was* a matter for the .Prisons Board and,-hot for the Court.

Charges of Incest Albert Rene Treves, aged 47, a labourer (Mr W. R. Lascelles), who had pleaded guilty in the Lower Court to two charges of incest, was sentenced to two yean' imprisonment -with hard labour. His Honour said -the offence was a dreadful one, and the sentence would be one which would hot be only a-deterrent to Treves but also to Others similarly disposed.

whS’hfe H plredi§*guttto W Lowot Court to, a 'charge of unlawful carnal knowledge of a girl under the age of 18, was placed on probation tor two years. Mr E. D. R. Smith, of Rangiora. who appeared for Hura, said It was fair to say that the trouble was not of Hura's seeking nor was it planned by him. He had not been in any trouble before, and, if he, were placed on . probation, his employment was waiting for him. , Hi* Honour sidd the report* indicated that the offeiue wa. itot as seritaM as some pi the kind. He proposed to place Hur* pit probation, ag recommended by the probation officer .and a* asked for by toimni.