JURIES’ RIDERS

Dominion, Volume 28, Issue 121, 15 February 1935, Page 13

JURIES’ RIDERS

Comment By Judge SENTENCE LIGHTENED Dominion Special Service. Wanganui, February 14. A term of three years probation was imposed on Norman Leslie Tyler, relief works, clerk, by Mr. Justice Blair in tlie Supreme Court to-day. Tyler had been found guilty yesterday of the theft of £l5/4/- and of destroying a record book with intent to defraud when he was employed as a clerk in charge of tlie relief works department of the Waitotara County Council. Mr. A. A. Barton called evidence to support statements as to the prisoner’s good character and in appealing for leniency counsel stressed the fact that Tyler who was a good singer, was invariably in demand and had sung for many deserving causes ' in the city. He was 44 years of age and had a wife and six children dependent on him. He had an excellent war record. His Honour said that the Probation Officer’s report was very good. The jury had added a rider to the effect that Tyler had not misappropriated the moneys for personal gain, and his Honour said that, but for that rider, it would not be a case for probation. Tyler had attempted to shelter himself by raising as a defence an attack on another man. That was lamentable and it was absurd to suggest that Mr. Dix, the county clerk, had been a party to the improprieties of accused. It was absurd to think Mr. Dix would imperil his reputation. “I always feel that I must give effect to any expression of opinion by a jury,” said his Honour, ‘‘and I always respect those expressions when they involve matters of fact. It does not matter what my view might be. It is the jury’s function to find on matters of fact, anti once the jury has functioned the judge must respect the finding in the fullest sense. Except for that fact I would have felt that this case could only have been met by a short term of imprisonment. In view of the jury’s rider and the favourable report by the probation officer, I will admit the prisoner to probation for a term of three years.” Tyler was ordered to make restitution of £l5/4/-.