THEFT & RECEDING

Dominion, Volume 24, Issue 265, 5 August 1931, Page 13

THEFT & RECEDING

A Long-Sentence Convict PROBATION FOR ONE MAN After a retirement of only fourteen minutes a jury in the Supreme Court yesterday returned verdicts of guilty against James Baldwin, aged 36, and James Cherrie, on charges of breaking and entering Star Stores, Ltd., on May 26. and of receiving stolen goods, knowing them to have been dishonestly obtained. ln Cherrie’s case a strong recommendation for mercy was made, and in sentencing the prisoners his Honour granted probation to him. Baldwin was sentenced to three years’ imprisonment on each charge, to be concurrent, and also concurrent with another sentence that he is serving. Asked if he had anything to say, Baldwin said he would like to ask for another chance. “I will make this the last, if I get another chance, and I will leave the country,” he said. ‘‘l am already serving ten years’ sentence.” His Honour: I thought that was over. The prisoner said he still had two years to run. He had been out on license until arrested on the present charges. His Honour said he would still do what he had intended. He had been assuming that the first term was concluded. “I will not say anything about your record,” he said. “It is not a good or. n . I proposed to sentence you to three yea.K imprisonment on these charges, to be concurrent, and I will do that.” The sen- ' tence was also made concurrent with that the prisoner was now serving. “That is more lenient than you have - any right to expect,” his Honour said. “It would be a very, good thing if you would do as vou say you will, and leave New Zealand, and try to make a fresh start somewhere else.” ‘‘l will.” said the prisoner. In Cherrie’s case his Honour said that he thought the prisoner had already bad

l\is lesson, as he had been imprisoned for a month under circumstances that were reißiy part and parcel of the present cnai\e. The probation , officer had not recommended probation, but nevertheless his Honour proposed to give the prisoner the benefit of the Probation Act, because be thought it was the right thing to do, the prisoner being a young man and a first offender, and having been, in his Honour’s opinion, led astray by Baldwin and another man. Moreover, the jury had recommended mercy, and his Honour said he always gave effect to such rccommendstrnns whenever he could. Probation would be granted for a term of two years.