SENTENCE QUASHED

Press, Volume CIII, Issue 30530, 27 August 1964, Page 7

SENTENCE QUASHED

Burglar Put On Probation An appeal by John Rewai Hoani Henare, aged 20, an apprentice, against a sentence of Borstal training, imposed in the Christchurch Magistrate’s Court on a charge of burglary was allowed by Mr Justice Wilson in the Supreme Court yesterday. Mr I. C. J. Polson appeared for the Crown, and Mr B. J. Drake for Henare. His Honour said that the sentence was imposed for a burglary which occurred about three months after a similar offence. On the first offence Henare had been admitted to 18 months’ probation. The Borstal sentence was not manifestly excessive. Normally the second offence would warrant either imprisonment or Borstal training. The appellant was a different type from those usually sentenced to Borstal training or gaol. In spite of an indifferent start in life he had good school and work records.' and a witness who ran the hostel where he had lived about the time of the second offence was confident that with his assistance and that of the probation officer there would be no repetition of the offences. The appellant also suffered severely from a type of asthma against which had to be laid his failure to respond to probation initially. His Honour said he was able, but only just able, to satisfy himself that the sentence of Borstal training was inappropriate. He. then quashed the sentence of Borstal training, and sentenced the appellant to two years’ probation, with a special condition that he refrain from consuming intoxicating liquor. Appeal Fails Mr Justice Wilson in the Supreme Court yesterday dismissed an appeal by a 16-year-old youth against a sentence of Borstal training imposed in the Nelson Children’s Court on five charges of burglary and two charges of attempted burglary. Mr I. C. J. Polson appeared for the Crown, and Mr.P. G. S. Penlington for the appellant. Mr Penlington submitted that the sentence should have been a period in a detention centre and a period of probation. His Honour said that the appelant’s psychiatric makeup made him unsuitable for a detention centre. Therefore Borstal training was the only possible sentence.