SENTENCE DEFERRED

Dominion, Volume 27, Issue 34, 3 November 1933, Page 15

SENTENCE DEFERRED

Chief Justice’s Comment FALSE PRETENCES CASE When John Phillips, motor salesman, aged 39, appeared for sentence in the Supreme Court yesterday, having been found guilty by a jury on a charge of attempted false pretences in that he attempted to obtain £lOO from the North Island Motor Union Mutual Insurance Company by falsely representing he had paid £145 cash for a motorcar, the Chief Justice, Sir Michael Myers, deferred passing sentence until tills morning, as, he said, he felt uneasy about certain aspects of the case, ami he wished to give it further consideration.

His Honour asked Mr. C. EvansScott, who appeared for the Crown, if the police had investigated the circumstances of the burning of the car. He wanted to know it because he had an uneasy feeling about it. He knew that accused, bis wife, and a friend were at the theatre on the night the police heard of the car being destroyed at Happy Valley. He wanted some more Information as to the destruction of the car, and whether there was any reason to suppose that accused had taken the missing parts out before the fire.

Mr. T. P. McCarthy, who appeared for accused, said the car was actually on fire when the police got there, and at the time Phillips was at the pictures.

His Honour said the position was that prisoner had commenced with the purchase of a Ford car, and went on dealing with one car and another until ultimately he had £2O in cash and an Essex car, which he insured for £lOO after falsely stating it had cost him £145. If the prisoner had got that £lOO from the insurance company, he would have made a very good deal out of the transaction.

Mr. McCarthy said that no suggestion had been made by the prosecution that the prisoner was in any way responsible for the burning of the car. His Honour: Well, I want to know something about that; I have a somewhat uneasy feeling about it. Mr. Evans-Scott, after consultation with the police, said an investigation had been made into the matters referred to by his Honour, and the police had been unable to connect prisoner with the removal of the car, or with the fire; and they had also been unable to trace any of the missing parts to him. • Addressing the court on the question of penalty, Mr. McCarthy said that prisoner was only 39 years of age, and had a wife and two children dependent upon him. . Taking into 'account the fact that prisoner had never previously been before the court, and had borne a good record, he was a man who was most likely to benefit from leniency. Counsel submitted it was a case for probation. His Honour said he certainly did not intend to impose punishment for an offence that accused had not been charged with, and an offence which he might not have committed. He would consider the matter further.