Theft earns ‘unwarranted’ six months in jail

Press, 3 September 1980, Page 20

Theft earns ‘unwarranted’ six months in jail

By

DEIDRE ORCHARD

Far too many young people are in prison today because they are defended inadequately in court, Mr M. J. Minogue (National, Hamilton West) told./ Parliament this week. “I ani satisfied from my• own. observations that in relation to some it. is because, they are inadequately defended in the courts, despite the legal, aid system. In relation to others I am satisfied that they too readily plead guilty.” There were cases where people were imprisoned when it was not warranted. : ; , —“The Press,” September 2, 1980. .

; In the District Court at Christchurch today Mr L. T. Fingers was sentenced to six months imprisonment on six charges of burglary. There . was a little unpleasantness outside the court after sen- > fencing when the Member ’ for Hamilton West, Mr M. J; Minogue, accosted - the defendant’s counsel, Mr I. B. " Damned, and accused him of incompetence. Mr Minogue ~ told Mr Damned that from > his observations it was quite clear that the case ought to have been defended and that if it had; been defended the defendant would have walked, from the court a free ' man. ‘/After the encounter Mr ? Damned spoke to reporters: <[ “I find the Member’s aspers- : ions upon my competence... most hurtful and unjust,”'he, . 1 said. “What he did not know ? was that the. police had 103< ■' witnesses who could have . given evidence"^.that /they saw my client cbrnmittihg /-.the various, offences- with which he was charged. £-• “Moreover, . when the police went to interview my ■ client -at his home., they t ’/. found the place littered- witt?/.: various burglarops. /imple- ;;- ments and items stolen from" ' the dwelling houses he was alleged to.have broken.into. " As if my cup were not over-;/

flowing, my client is of an ingenuous and confiding disposition and greeted the enquiries; of the police with the modem equivalent of the '. old-fashioned remark. ‘lt’s a fair cop.’ “He then proceeded to make a most lucid statement confessing his crimes and giving details of how he had perpetrated • the offences al- , leged. I am sure that you gentlemen (and ladies) will readily appreciate " that this made the task- of defending my client fraught with difficulty.' ’ . ‘ ." “As you' know,< Mr Minogue has stated publicly that there are too many young people in prison today because they are defended inadequately in court. In other . words;they are /there -.be- - cause of . incompetent. law-. 1 yers.. What,l, say to you is that they are there because mey are incompetent crimi.-.. . nals.” • '■ Mr Damned continued: “So far as the sentence, imposed .upon' my. hapless . client is concerned, all I can say is that I cannot understand it. I mean, I admit / : that4my client had a'few previous convictions for; burglary, car conversion, theft and the like — some 23 in all, I .think. ">(Not. counting a.

these most recent convictions, of course.) Howr ever, he is a mere-youth of 'some twenty summers, im- ?. mature and trying hard to tread the paths of right- • eousness in these difficult times. Surely he is deserving of one last chance? “As you know, that is . what I said to the Judge. It seems very hard that he should not have acceded to 'the force of that submission, especially since he has done so on the last 23 occasions when my client has ap-’ peared before him. Surely there is some obligation on the bench to be consistent?, “And what is more, the most severe sentence yet imposed upon my client was one of six months non-resi-dential periodic detention. He thought that that was the going fate for burglary, . theft, arson and the like. Had he known that he would meet with such draconian harshness as six months ;imprisonment / he might not. have offended , at all. I do not' think that I put the matter: ' too strongly when I say that he has been

entrapped. i ‘‘And another thing. You will have noticed that my client’s;co-offender, a young; . Maori gentleman of some 22 years '; and 64. previous- con-, victions, .//was merely k'fe-.;. - turndd to the, custody of his parents. (Much, to their chagrin, :,I understand.)Why ‘ /•was not my client returned ' to the bosom of his family? They are perfectly respectable people of some repute. Why, only the other day the ■ officer in charge of the case told me that they were well" known to the police. It is a glaring injustice. I can say v-.no more," .