P.D. for conspiracy

Press, 25 May 1984, Page 7

P.D. for conspiracy

An accused who was to ride the getaway motorcycle after the Opawa Post Office was to be held up on superannuation day was sentenced to nine months periodic detention by Mr Justice Roper in the High Court yesterday. Alexander James Henderson, aged 30, unemployed, had been found guilty by a jury on charges of conspiring with Barry John Wiki to commit aggravated robbery and having his face masked with intent, to commit robbery. Mr N. W. Williamson appeared for the Crown, and

Mr P. N. Dyhrberg for Henderson. Evidence was given at the trial that Henderson was persuaded by Wiki to assist him with the robbery. They rode past the Post Office three times but then abandoned the plan and returned to Stevens Street from where they had set off. They were followed by an unmarked police car containing detectives into the back of the property where they ran into some armchairs, were thrown from the machine, and apprehended.

Henderson was dressed in a blue crash helmet, a black balaclava with the centre of the eye-piece sewn up. a thick dark jersey, gloves, and two pairs of jeans. The temperature was 28 degrees. Mr Dyhrberg said that Henderson had opted out of the robbery and had persuaded Wiki to return to Stevens Street. Henderson had been out of work for two years. It was most unlikely that the robbery would ever have been carried out. It was conceded by the Crown that Henderson’s re-

cord was very much less than Wiki's. Mr Williamson said and his part had been far less than that of Wiki. H.s Honour said that in spite of a life which had beet far from easy and had some tragic aspects, Henderson had kept out of trouble. He had no convictions of any consequence, apart from burglary in 1971 which was dealt with in the Children's Court. “1 accept that to a very large extent that you were a victim of circumstances.” his Honour said. “You took no part in the original planning and you only became

involved at the very last minute after being prevailed upon by persons who must be regarded as real criminals. The plan did not proceed and you claim credit for that in that you refused to go on with it.” The probation officer considered that it was unlikely that Henderson would become involved in this type of activity again and in spite of the seriousness of the matter Mr Dyhrberg's eloquent plea and submissions made by the Crown satisfied him that a sentence less than imprisonment was appropriate.