Five Years’ Gaol For Breaking And Entering

Press, Volume CI, Issue 29802, 19 April 1962, Page 7

Five Years’ Gaol For Breaking And Entering

John Albert Arthur, aged 42, a dealer, was sentenced to five years’ gaol by Mr Justice Richmond in the Supreme Court yesterday for breaking and entering the Runanga Co-operative Society’s store on March 30 with intent to commit a" crime.

Arthur (Mr G. S. Brockett) had pleaded guilty to the charge and been convicted in the Magistrate’s Court at Greymouth.

Mr Brockett said that Arthur had not been associating with bad company for some time before the crime. When drinking excessively in a Christchurch hotel he agreed to another man’s suggestion that they go to the West Coast. The two visited hotels at Waikari and Culverden, and when Arthur was awakened at Runanga he was stupefied with liquor, When the two men went to blow open a safe in the store at Runanga. Arthur’s role was that of look-out.

His Honour said the statement of facts said that Arthur’s clothes bad smelled of cordite, but there was nothing about liquor. “That is how I am instructed,” said Mr Brockett. “It is not put forward as ar. excuse. He has never used liquor as an excuse.” Mr Brockett submitted that although Arthur was eligible for preventive detention, a finite sentence only should be imposed. There appeared to have been no planning or premeditation on Arthur’s part, he said. His Honour asked how gloves, battery, and wire happened to be found in Arthur’s pocket

“After the safe was blown," said Mr Brockett, “he helped to gather up the materials that had been used. The other man gathered up the loot.”

For the Crown, Mr C. M. Roper said that Arthur had embarked on the crime well knowing the consequences. It was a serious crime and it was expertly carried out That ruled out any suggestion that be was in a semi-drunken state.

His Honour said the only doubt he had was whether Arthur had blown the safe, or the other man.

“There is nothing to indicate that Arthur did it,” replied Mr Roper. "The other man has not yet been found. "The probation officer suggests that this crime was committed on the spur of the moment, but Arthur had some

hours during the trip to reflect on the consequences. He elected to ignore them,” Mr Roper said.

His Honour told Arthur that it was a “bad business” on his part because he appeared to have been making considerable efforts, and had every incentive to do so. “This is obviously a very serious type of crime. I can’t be sure who did it —you or the other man—or how far drink affected you at the time. But it is obvious that you played an active part in it

“I don’t know if it would make a great deal of difference whether I sentence you to preventive detention or to a finite term,” said his Honour, “but for such encouragement as it may give you—because as far as I can I want to recognise the efforts you’ve made—l propose to sentence you to a finite term.

“But it will be a pretty severe one. The maximum sentence for this type of crime is 10 years’ gaol.” 11 Months* Gaol

Robin Arthur Walker, aged 24 (Mr A. Hearn), was sentenced to 11 months’ gaol on each of two charges of sodomy, the sentences to be concurrent On release from prison he will be on probation for one year on the special condition that he take such medical or other advice or treatment as the probation officer recommends.