SUPREME COURT Three Years Gaol For Robbery

Press, Volume CVIII, Issue 31837, 15 November 1968, Page 7

SUPREME COURT Three Years Gaol For Robbery

When Michael Franklin, aged 25, a council worker, (Mr R. F. B. Perry), appeared for sentence yesterday in the Supreme Court before Mr Justice Wilson, his ' Honour said he had to point out that Franklin was liable to a total cumulative sentence of 61 years on the charges on which he was to be sentenced. Franklin was appearing for sentence on a charge that on September 3 he robbed Leonard James Conlan of a suitcase containing lottery tickets and $45 in money, and also on five charges of burI glary and one charge of theft.

His Honour said Franklin was liable to 10 years imprisonment on the robbery charge and the same period of imprisonment on each of the burglary charges. He was also liable to one year's imprisonment on the theft charge. His Honour also said he had no intention of imposing such a total sentence, but he considered Franklin should know the total sentence he was liable to because of his offences. He appreciated that Franklin had had a very difficult

upbringing which had not helped to make him a good citizen and also that Franklin suffered from a mental state which made it more difficult for him to resist others. However psychiatric reports showed he had been responsible for his actions. On the whole, he considered it probable that Franklin had not been the leader in the offences though he had committed the theft offence alone.

It was probable that Franklin had been led or drifted into offending by younger but more active criminals who had more initiative than Franklin possessed, said his Honour.

As far as the robbery was concerned it was true Franklin had not struck the blow but he had provided the weapon and in doing so knew it was to be used to render powerless the victim in resisting the theft. Franklin, was sentenced to six months imprisonment for the theft, to two years imprisonment on each of the burglary charges and to three years imprisonment on the robbery charge. His Honour said that because Franklin had had the decency to admit his offences and plead guilty he adopted the view that Franklin now had an insight into his own problem and that he wished ’to give up offending and for ; that reason the terms imi posed would be served concur--1 rently. Mr Perry earlier had subimitted that the offences I showed no degree of planI ning or criminal activity’ but that rather the contrary was I the case. Franklin had gone : not as a leader but as a foli lower.

• | Mr N. W. Williamson apj peared for the Crown.