Nine Prisoners Sentenced By Mr Justice Gresson

Press, Volume XCIII, Issue 27896, 18 February 1956, Page 12

Nine Prisoners Sentenced By Mr Justice Gresson

SUPREME COURT

Sentencing “members of a quartet,” as he termed them, in the Supreme Court yesterday. Mr Justice Gresson warned three of them that if they continued to live as they had been living and offended again they could expect sentences of preventive detention. This would mean that they would be in prison for any term from three to 14 years. His Honour sentenced another prisoner to preventive detention..

Terence William Philip Pennell, aged 27 a labourer, who had pleaded guilty to charges of breaking and entering a jeweller’s shop at Leeston and committing theft, being deemed to pe a rogue and a vagabond in that he had implements of housebreaking—gelignite, fuse, detonators, a jemmy and rubber gloves—and of unlawfully converting a motor-car. was sentenced to two years’ imprisonment. His Honour said that Pennell was one of a quartet which had been operain some sort of association together, and was the oldest of them. He was no newcomer to crime, but was eligible for oreventive detention and if he offended again he could expect that sentence. Pennell would probably be the last of the team to be released froi i prison, and would be wise not tn try to renew the association.

Pennell said that the Court might be un er the impression that he had had a fair chance after he last left prison, v 1 P l3 * was . no .t so - Pennell said he had been victimised by the police, and because of that he lost a job in Dunedin in 1949 and, after his last release from prison, he had to leave a job at Eyrewell and one with the Anple and Pear Marketing Board. His Honour said he was aware that Pennell’s history was a grave handicap to him. and had taken that into account when sentencing him His Honour said he was not prepared to hear Pennell further, and Pennell had hi.? remedy if he was not satisfied with th* 3 sentence. James Robert Cook, aged 23, a carpenter, who had been found guilty of being a rogue and a vagabond in that he was in possession of implements of housebreaking, and of receiving a stolen overcoat, was sentenced to 12 months’ imprisonment. Mr B. J Drake, counsel for Cook, asked the Court to take into account t at the prisoner’s conviction for receiving stolen property was for a fairly minor offence On the other charge there was no evidence before the Court to suggest that Cook used or attempted to use any of the explosive or other articles in his possession. Since Cook was 16 he had spent much of his time in custody or under supervision. Whatever the Couit might think of the association of these young men and the young women. Cook desired to marry one of them. Counsel suggested that the Court sentence Cook to a short term of imprisonment, followed by probation for one year. His Honour said that Cook was the youngest of the quartet. Like the others he had offended before. Indeed, he had a really bad record. If he continued as he had been going until he reached the age of 25 he could expect a sentence of preventive detention. Cook might well ask himself if he was not implicated with Pennell in the offences to which the latter had pleaded guilty. Cook would be released from prison before Pennell, and that might break up the association.

Malcolm Wynne Rollo, aged 24, a labourer, who had been found guilty of being deemed to be a rogue and a vagabond in that he had implements of housebreaking, was sentenced to nine months’ imprisonment. Mr B. McClelland, counsel for Rollo, said that the prisoner’s association with the quartet was much less than that of the others. Counsel Laid he could not understand the reason for Rollo’s record. He came from a good family, and its members were prepared to stand by him. Rollo realised that if he continued his present conduct he would be given preventive detention, and Rollo did not want that to occur. His Honour said that Rollo must surely realise that his association with the other three had not been in his interests. His Honour said he appreciated that a past like Rollo's was a handicap, but if Rollo did not pull himself together he would qualify for preventive detention. Fortunately for Rollo, he appeared for sentence on only a charge of being deemed a rogue and a vagabond, though morally he might be as guilty as Pennell was for the crimes for which the latter was sentenced. His Honour urged Rollo to break his association with the others when he was released, and to rehabilitate himself. Alexander Alan Hamilton, aged 25, a painter, who had been found guilty on a charge of being deemed to be a rogue and vagabond, was sentenced to six months’ imprisonment. Mr B. J Drake, for Hamilton, said that there was no direct connexion between the prisoner and the gelignite and other articles. His association with the others was the most tenuous. The jury had recommended leniency in Hamilton’s case, and his Honour might give effect to that recommendation. His Honour said that drunkenness, disorderly behaviour, and dishonesty had been features of Hamilton's life. Because of the jury’s recommendation the sentence imposed wou’ 1 be less than that on the others for this offence. Preventive Detention Thomas James Dyer, aged 31, a butcher, who had been found guilty of being a rogue and vagabond m that he had implements of housebreaking. appeared for sentence on that charge and also on a charge of being a rogue and vagabond in that he was found unlawfully on premises, for which he was admitted to probation in the Magistrate’s Court in May, 1955. Dyer was sentenced to preventive detention. Mr N. G. Hattaway, counsel for Dyer, said that the prisoner served overseas with the armed forces, and was returned to New Zea’and with an anxiety neurosis. He was addicted to drink, and wher under its influence he did those stupid things. Dyer was in need of medical or psychiatric treatment. He was eligible for preventive detention, hut a term of imprisonment would be more beneficial especially if he was given treatment. His Honour said that Dyer was a problem. His crimes were not grave, hut he appeared to have become a public nuisance. The last time Dyer was before the Court the Judge, with some hesitation, released him on probation. but warned him th if he came before the Court again he could expect a sentence of preventive detention. In spite of his protestations at that time. Dyer had gone on leading a dissolute life. Attempted Incest William George Palmer aged 45. a farm worker (Mr B. J. Drake), who had pleaded guilty to a charge of attempted incest, was sentenced to twelve months’ imprisonment. Prison for Theft Clarence Burnaby, aged 51, a labourer (Mr J. G. Ruthenord), who had been found guilty of the theft of clothing, was sentenced to nine months’ imprisonment, to be followed by probation for twelve months. His Honour said that Burnaby had committed theft many times before, as well as other crimes He warned Burnaby that he could expect a sentence of preventive detention if he offended again. Indecent Act Alan Gerald Smith, aged 22, a brick-

layer (Mr W. F. Brown), who had pleaded guilty to, and appeared for sentence, on a charge of committing an indecent act in Curletts road on October 7. was admitte ’ to probation for two years, a special condition being that he pays the cost of the prosecution at the rate of 30s a week. Mr Brown submitted a medical report and two testimonials. He said that Smith was a first offender, and was young. If he was given a chance to rehabilitate himself, he would take the opportunity.

Attempted Breaking and E 'wing Harold Maurice James Smither, aged 37. a labourer (Mr B. J. Drake), who had been found guilty of attempted breaking and entering and of the theft of a hose and fitting from a vacuum cleaner, was to six months’ imprisonment. Mr Drake said that Smither was under the influence of drink when he committed the theft.

APPEALS AGAINST SENTENCE

ONE ALLOWED AND TWO DISMISSED An appeal by Frederick Maxwell Singer, aged 38 (Mr A. D. Holland), against the sentence of one month’s imprisonment imposed on him in the Magistrate’s Court for assaulting his wife, was allowed by Mr Justice Gresson in the Supreme Court yesterday His Honour quashed the sentence and substituted one of seven days’ imprisonment. He also directed that the time Singer spent in custody from January 30 until his release on bail on February 9 be deemed as service of the seven days. Mr Holland said that Singer pleaded guilty in the lower Court to assaulting his wife. He pushed her. and she slipped and fell on the floor, cutting her lip. Almost immediately he picked her up. and they sat together on a couch. Counsel submitted that the sentence imposed by the Magistrate was excessive, and should be reduced Mrs Olive Edith Sinrer. wife of the prisoner, gave evidence. His Honour said it was apparent from the account given him that the assault was not serious. That Mrs Singer suffered any injury was attributable to a combination of circumstances The husband pushed his wife, the floor was highly polished, the mat slipped, and she fell. He picked her up. and they were sitting together on the couch when the police arrived The assault did not warrant one month’s imprisonment. The Magistrate’s Court was not fully informed of the facts when the case was heard there. Appeal Dismissed Alan Stuart McLintock, aged 21, appealed against the sentence of two years’ imprisonment imposed in the Magistrate’s Court on 17 charges, including breaking and entering and theft. The appeal was dismissed. McLintock, who was not represented by counsel, said he had never been given probation, and had Aever had a chance. The sentence was too severe His Honour said that McLintock had indulged in an orgy of breaking, entering. and theft, scattered all over Christchurch, for a fortnight in January He could have been sentenced to corrective training, and that would have meant up to three years’ imprisonment. Leave Refused Kenneth Raymond Galwav Blackmore, aged 20 (Mr R. W. Edgley), appealed against his sentence of two years in a Borstal institution for the unlawful conversion of a motor car. on the ground that the sentence was excessive. Mr P. T. Mahon, for the Crown, said that the appeal was well out of time It was totally without merit, and leave to appeal should be refused. His Honour said that leave to appeal was refused.

COUNSEL FOR CROWN CONGRATULATED

“Mr Mahon. I understand you were called on at short notice to conduct the prosecutions for the Crown at this session.” said Mr Justice Gresson to Mr P. T. Mahon when the criminal cases ended in the Supreme Court yesterday. “There were quite a number of them, and some of them were not without difficulty. It should be a satisfaction to you to know that you have handled the cases composedly, competently, and conscientiously, and in keeping with the high traditions of the office of Crown Prosecutor.” said his Honour.

DECREE NISI GRANTED Joseph Anthony Forsyth (Mr R. A. Young) petitioned in the Supreme Court yesterday for divorce from Patricia Merivale Forsyth on the ground of adultery, Wallace Bruce being named as co-respondent. Mr Justice Gresson granted Forsyth a decree nisi. The petition was not defended.