YOUTH'S APPEAL FAILS

Press, Volume XCIX, Issue 29238, 23 June 1960, Page 10

YOUTH'S APPEAL FAILS

Borstal Term To Stand

The-type of crime committed by John Henry -Tonks, when aged only 17, caused the Court great anxiety, said Mr Justice Richmond in the Supreme Court yesterday when dismissing an appeal by Tonks against a sentence of Borstal training (up to three years) imposed on him for being in possession of an offensive weapon, a studded belt, in Ferry road.

Mr P- H. T. Alpers appeared for Tonks and Mr C. M. Roper for the Crown.

Mr Alpers was granted leave by the Court to withdraw the appellant’s appeal against conviction. Counsel said the police evidence made it clear that the appellant had taken off his belt with intent to menace.

The appellant’s conduct was undoubtedly disorderly, and he was no stranger to the Court, and drink and lawless companions. Nevertheless, counsel submitted, appellant had not gone beyond redemption. “In my submission, a sentence of Borstal training is taking the last resort too early—the appellant is still only 17,” counsel said. He suggested a period of probation.

Mr Roper said the appellant’s list of convictions was quite a bad one. His association with wrong companions and, to some extent drink, was the cause of his trouble.

“The appellant now needs strict discipline, other measures, such as supervision, having failed. His father does not appear to have the control over him he should have,” Mr Roper concluded. “Having regard to this young man’s record and to his obvious propensity to get mixed up with associates of the worst type, I regret I must conclude that the learned Magistrate’s step was the correct one,” his Honour concluded.