Appeals Against Sentence Allowed

Press, Volume CI, Issue 29894, 7 August 1962, Page 9

Appeals Against Sentence Allowed

(New Zealand Press Association)

WELLINGTON. Aug. 6. The Court of Appeal today allowed two appeals against sentence brought by Noel Charles Dawson, aged 18. and Thomas Makiri, aged 27. Both appellants who pleaded guilty in the Magistrate's Court to charges of burglary were sentenced in the Supreme Court by Mr Justice Macarthur to six man ha' imprison inent to ba fiHowed by one year s probat.on. The charges related to breaking and entering a hotel and the theft of beer. Mr R. D. Rout appeared for Makin. Mr P C Mac Nab for Dawson and Mr R. C Srvage for the Crown. Mr Rout said Dawson and Makiri left a party which had run short of beer, to buy a nine-gallon keg. They Wied three hotels, but were unsuccessful. They then went round to knock at the backdoor of another hotel. There ' was a beer cellar nearby which was not locked. They entered it and partly tilled a nine-gaMon keg with beer, and a two-gallon keg They were unable to turn the main beer tap off. however. and a considerable amount of beer worth £llB was lost. Mr Justice Cleary, who del.vered the oral judgment, ear’d the Court did not cons'der that there was no alternative to a sentence of imprisonment for Dawson who had no previous conviction for dishonesty, although he was for some years under the con. rol of the child welfare authorities. “We think a prison sentence in his case was not the rnpronri&te sen ‘e nee." said his Honour. “We are not overlooking the nature of the crime, which was burglary in little mo e than name. Essentially it was theft of beer accoTpanied by the unintentional loss of a considerable amount. "Although Mak tri was the elder, it is borne in mind that bis part in the offence was not so great as Dawson's. Treating him as a first offender. and bearing in mind that the leading figure does not merit a sentence of im-

pnsonment. we think his sentence should also be quashed. "Where we think the trial Judge placed undue emphasis was in treating it as a typical offence of burglary Ordinarily, the crime of burglary calls for a sentence with some deterrent elemen-t. but these particular cases should not be treated as illustrations of the offence." Bo h appellants were placed on probation for two years and ordered to make restitution to the hotel of £25 each. The other members of the Court comprised the President (Sir Kenneth Grcsson) and Mr Justice North.