Burglars ‘reformed’— counsel

Press, 27 March 1980, Page 4

Burglars ‘reformed’— counsel

Three young men with numerous convictions for offences of dishonesty, including many for burglary, were given non-custodial sentences on a joint charge of house burglary by Mr Justice Somers in the Supreme Court yesterday. One offender, who is out of work, was fined $250. Counsel told his Honour that the accused had either turned to religion or would be adversely affected in their efforts towards reformation if they had to mix with hardened criminals in jail or Borstal. Douglas Sidney Lowe, aged 25, who was only released from prison two

weeks ago, was sentenced to four months periodic detention; Walter Leonard Parsons Stone, aged 19, who has served two terms of Borstal training, was put on probation for two years, although the probation officer did not recommend probation, and was ordered to do 100 hours community work; and Wayne John Panapa, aged 19, unemployed. was fined $250 and put on probation for 18 months. The three accused were appearing for sentence on a joint charge of burglary of the house of Trevor Charles Hayes in Fisher Avenue on September 10.

Stone and Panapa faded to answer their bail and ms Honour proceeded with the sentencing of Lowe, _ but before counsel had finished making submissions Stone and Panapa arrived. Through counsel they explained that it had taken them longer to get to Court than they had anticipated. Lowe and Stone pleaded guilty to the charge. Panapa was 'found guilty by a jury last week. Evidence was given that a secondary schoolboy sawmen acting suspiciously near a house occupied by a teacher in Fisher Avenue. They appeared to be searching for a key and the police were telephoned. It was found that a window. had been forced and that a camera valued at $7OO, and a cardigan, a bag and cash had been stolen. Mr M. J. Knowles, for Lowe, said that the accused told the police that he had been witli Stone and Panapa visiting his “Mrs” at The Princess Margaret Hospital and they were driving home when on the spur of the moment they stopped in Fisher Avenue and the offence was committed. Since Lowe had been released from prison tw T o weeks ago after serving a sentence for burglary and possession of cannabis — offences committed after the one he was appearing for sentence on — he had obtained a job after not having worked for more than two years.

The probation officer said that Lowe had become involved with a religious group and recommended periodic detention. His de facto wife was pregnant and he had reached a turning point in his life.’ For Stone, Mr Knowles said that the prisoner had served two terms in Borstal. Tire probation officer had referred to Stone’s family problems and had painted a pessimistic outlook for him, but counsel considered that the officer was mistaken.

Since Stone was released from Borstal last May he had

turned to religion and had kept out of trouble, apart from one conviction for fighting. If he was given a custodial sentence he would be put with hardened criminals, which would hamper his reformation attempts, said Mr Knowles. Mr A. C. Hughes-Johnson, for Panapa, said that he had numerous convictions but was of above average intelligence. He was unlikely torespond to a deterrent sentence because it would result in him associating with undesirables. A harsh sentence would merely give him mana with his peer group. Four months ago Panapa had been released from Borstal after his conviction for burglary had been quashed." He wanted to take up forestry work and would respond to leadership. The probation officer had referred to Panapa’s association with drugs, Mr HughesJohnson said. His Honour said the offence showed the contempt the three accused held for the property of other persons. Lowe had a record of offending including four for burglary and one for conspiracy to commit burglary. He had only been released from jail two weeks ago. Lowe had got a job and there were indications that he had had enough of criminal activity.

Panapa had intelligence but had shown no response to probation or communitybased sentences. He had committed a spate of offences in 1978.

Stone's case gave him a good deal of concern. He had a substantial criminal record and the probation officer said that he would not respond to probation, but counsel claimed that that was an incorrect assessment.

A report from a 'nun stated that Stone genuinely intended to change his way of life and the Court should assist in his rehabilitation, his Honour said.