Supreme Court MAN GUILTY OF THEFTS

Press, Volume XCVI, Issue 28346, 3 August 1957, Page 2

Supreme Court MAN GUILTY OF THEFTS

Jury Recommends > Leniency

Robert Ernie Lee, aged 25 (Mr A. D. Holland) was found guilty by a jury in the Supreme Court yesterday bf two charges of theft. Mr Justice Adams remanded him for sentence on a date to be fixed His Honour refused an application for bail.

The jury, which reached its verdict after an hour, added a rider strongly recommending leniency. Lee was charged with the theft of an electric motor and water pump, valued at £27, the property of Leslie Hewan Elton Freeman, and a pressure cylinder, valued at £29 10s, the property of William Duder. He had pleaded not, guilty. Mr P. T. Mahon prosecuted.

Continuing his address to the jury Mr Holland said that if the accused was acting as a watchdog for his brother jt would mean that he was taking part in the thefts. But the evidence fell far short of satisfying the jury of this. There was no evidence to show that the accused did take part—in fact, the witness, John Lee, had said that the accused took no part.

Mr Holland said there was no proof by the Crown that John Lee could not have carried’ the cylinder by himself. Two of the witnesses for the Crown. Rex Andrews and John Lee, were accomplices, and the law watched carefully the evidence of accomplices, counsel saidThe jury must not accept such evidence as reliable. The case for the defence was that there was no propf that the accused had committed a crime in either case.

Summing up, his Honour said it would be dangerous to convict the accused on the uncorroborated evidence of accomplices. If the accused knew at the time of the second offence that a crime had been committed on the previous occasion in very similar circumstances, it would be difficult to conclude that when he accompanied his brother the second time he had an innocent mind It was not necessary that the accused should have carried or touched the stolen goods, said his Honour. The question was-whether the act was done in pursuance of a common design to commit a crime.

Man Acquitted On Both Charges

On charges of indecent assault on a boy of 12 and attempted indecent assault. Walter Shearman Craven, aged 44. a paintei and paperhanger (Mr P. G. S. Penlington), was acquitted by a jury in the Supreme Court be fore Mr Justice Adams yesterday. After a retirement of 20 minutes, the jury returned with its- verdicts, and Craven was discharged.

Office Entered.— Postage stamps, dental implements, a hearing aid, and £2 7s 6d were stolen by persons who entered the office of the Precision Dental Corporation. 305 Manchester street, on Thursday night. The hearing aid was the property of the Bonochord Hearing Aid Centre, which shares th£ office. Drawers were opened aiid papers were disturbed.