SUPREME COURT TWO APPEALS AGAINST SENTENCES DISMISSED

Press, Volume XCV, Issue 28222, 9 March 1957, Page 12

SUPREME COURT TWO APPEALS AGAINST SENTENCES DISMISSED

Two appeals against sentences of imprisonment were dismissed by Mr Justice Adams in the Supreme Court yesterday. Albert Reynolds Bryce appealed against concurrent sentences of two years’ imprisonment and Wilfred Stanley Pethig against concurrent sentences of 12 months, imposed in the Magistrate’s Court at Ashburton on December 17, 1956. The men were jointly charged on five counts of breaking and entering and theft, one of attempted shopbreaking and one of theft. Yesterday they were represented by Mr J. A. Bretherton. Mr P. T. Mahon appeared for the Crown. It was rather a painful affair, said his Honour. There was i something to be said for each of the men. However, he felt unable to interfere in either case. “Great Misfortune” “It is a great misfortune that the punishment of these men will fall heavily on their wives and families, but that is something they should have considered before indulging in these offencos,” said his Honour. Such offences were far too common in the community, said his Honour. Efforts to stamp them out were largely unavailing, and the Courts had no option but to punish severely these offenders who were apprehended.

The grounds for Bryce’s appeal, said Mr Bretherton, were that the sentence was excessive, that in the Lower Court he was not represented by counsel, and on compassionate grounds. It had not been shown in the Lower Court who was the ringleader, said Mr Bretherton, but he was instructed that it was not the ’appellant. Byrce was not. represented in the Lower Court. He pleaded guilty and elected summary trial. Nothing was said in mitigation. The appellant, who was aged 27, was married and the father of two children. A third child was expected in July. Prisoner’s Record Seven years ago, remarked his Honour, Bryce was convicted of assault, causing actual bodily harm, two thefts and, after his Borstal escape, convicted of housebreaking and theft. “He only needed to have attemped to open a safe on one of these occasions and his offences would have reached the level where the Courts are now giving sentences of five and six years,’’ said his Honour. “These are offences of a plainly professional type, done systematically and for money.’’ Between the two series oi offences, said Mr Bretherton, Bryce had led a respectable life for seven years, and had founded a home. He was also willing to make every effort to make full restitution. The police had to put on special patrols in Ashburton during the

five weeks of the offences, said Mr Mahon. As a result, the men were apprehended. Pethig was a married man of 29 years, with four young children, aged between two and seven years, and another expected in April, said Mr Bretherton. In November, 1946. he was convicted of car conversion, but m the 10 years after that he led a blameless life. It was possibly an example of a man of weak character being led astray by men of stronger character, said Mr Bretherton.

The lighter sentence which the appellant was given in the lower court was a possible indication of his lesser culpability. Mr Bretherton appealed for a short, sharp sentence and asked that the Court take into consideration the position of Pethig s wife . and family. Restitution was offered. There was some likelihood that Pethig was under the influence of the third man in the gang—who was not appealing—and who lived with him at the time, said Mr Mahon. It was admitted that Pethig had a better record than Bryce, but it seemed that the Magistrate had already sufficiently distinguished between the two men. Both appeals were dismissed.