“Washing-up

Press, Volume CV, Issue 31062, 18 May 1966, Page 3

“Washing-up

(N Z. Press Association) DUNEDIN, May 17. Because they did not think the accused was “altogether guilty of fraud” numbers of a jury asked Mr Justice Henry to extend leniency to a man whom they had just found guilty of false pretences after a trial in the Supreme Court at Dunedin today.

, The jury took two hours and a-half to reach a verdict of guilty in the case of David Henry Marks, aged 22, hotel porter, who denied a charge

of obtaining £lO by false pretences from a 17-year-old student nurse, Robyn Gaynor Voice, of Timaru, on March 20. The girl said Marks posed as an American night-club entertainer and had given his name as Jason Myers. He spoke with an American accent and said that he came from Denver, Colorado. Because of a delay in accepting his specimen signature he had been unable to draw on bank funds which he had at Auckland. Out of sympathy for his predicament in a strange country she had lent him the money. “Perhaps I should tell you now that the accused is at present serving a sentence for just such an offence” his Honour told the jury after hearing the rider.

Marks, who conducted his own defence, thanked the Judge for a “very fair” trial.

His Honour extended the sentence of six months’ imprisonment Marks was at present serving for false pretences by a further three months and said that for two reasons he was being more lenient than normally. Although in the circumstances the jury were perhaps mistaken in their plea for leniency he would take it into account, said his Honour. His second reason for not imposing a heavy penalty was that the offence, although a separate crime, formed part of a series.

The hearing was, in a sense, a washing-up action.

His Honour said he was made aware of Marks's previous record of 13 previous

convictions for false pretences and one of obtaining credit by, fraud after he had been advised that the jury had reached a verdict. in his summing up, his Honour said that it was no defence that the girl had offered the money to Marks. “You can’t take people down and then make amends by getting the money from another source.” In evidence, Marks said he did not intend to defraud the girl. She had offered the money, and at first he had been unwilling to take it. He intended to repay nie money from a sum of £l4 which he had left with his sister in Christchurch but the girl had gone to the police before he could do this. As security he had given the girl a watch worth more than £lO.