WARNING BY JUDGE

Press, Volume XCIX, Issue 29240, 25 June 1960, Page 12

WARNING BY JUDGE

Appeals Against S.M.’s Sentences

(New Zealand Press Association) AUCKLAND, June 24.

“In Auckland today three types of crime are alarmingly prevalent,” said Mr Justice Boys, in the Supreme Court, at Auckland today. “They are, breaking and entering, car conversion and violence.

“Warnings have been uttered from time to time but they have been ignored. The Courts have now been driven to consider m every case whether the individual case outweighs the need for the imposition of a sentence which will deter others from commencing, as well as repeating, the commission of like offences.”

His Honour’s remarks prefaced his dismissal of a number of appeals against sentence imposed by Auckland Magistrates on 10 young men for offences including car conversion, breaking into premises, theft and false pretences.

His Honour said there appeared to be two things which required to be said quite firmly about them all.

“The first thing I desire to say is that I will interfere with sentences only when I am satisfied that the one imposed is clearly wrong and that I will not entertain the notion that this Court merely has a second look at what has been done."

The other thing, said his Honour, was that the Court and the, penal system at the present time were society’s only protection where attempts at reformatiod had failed or been rejected.

“It is only consistent with that need for the protection of lawabiding people that this Court shall say in no uncertain fashion that, where necessary, deterrent sentences will be imposed and if imposed will not be lightly interfered with on appeal," he said.