Gambling out for man who stole $8874

Press, 2 October 1987, Page 9

Gambling out for man who stole $8874

A man who stole $8874 from his employer will not be permitted to go on to race courses, into T.A.B.S, make bets or play games of chance, during the next year. These were among conditions imposed on John Frederick Cawkill, aged 28, in the District Court yesterday as part of a year’s- supervision, on a charge of theft of the money, while he was employed as a driver, from Fat Man (Canterbury) Ltd between January 13 and March 28 this year.

Cawkill also was sentenced to eight months periodic detention on the charge, and another special condition imposed with his supervision was that he take financial budgeting as directed by the probation officer. Judge Erber also directed that Cawkill make reparation of $5OOO of the sum he stole, at a rate of $25 a week or 10 per cent of his wages, whichever is the greater. The Judge said any breach by Cawkill of the conditions of supervision would result in his appearing in Court again and having a prison sentence imposed. Cawkill had pleaded guilty to the charge of theft as a servant, before a scheduled trial by a jury was to have been held, in the District Court in August. He was found not guilty at his trial on a related charge of wilfully setting fire to a truck belonging to his employer on March 25, and was discharged on this charge. The Crown had con-

tended that Cawkill deliberately set the truck alight, burning a cheque book and day sheets in the cab, to cover up records of the thefts of money which he had lost gambling. Evidence was that the truck was extensively damaged when it caught alight in the firm’s yard, while Cawkill was near it. Cawkill had denied setting fire to the truck. Evidence was that Cawkill admitted to the police having gambled on horses with money stolenfrom the firm. < Mr M. A. L. McDonald, for Cawkill, in submissions yesterday sought a sentence of periodic detention, and supervision. The Judge told Cawkill that had he committed this offence two or three years ago he would have been sent to prison.

Only the ameliorating provisions of section 6 of the Criminal Justice Amendment Act restrained him from imposing a prison sentence. He said this was Cawklll’s fifth appearance before a Court on a charge involving dishonesty. The Judge noted that the defendant’s present employer spoke highly of him and was prepared to place him in a position of trust inovlving handling cheques and money. That either spoke very considerably in Cawkill’s favour or, alternatively, might indicate the employer was prepared to take the risk — and it was a considerable risk, having regard to Cawkill’s previous convictions.