JAIL BREAKERS

Dominion, Volume 34, Issue 121, 15 February 1941, Page 13

JAIL BREAKERS

Twelve Years’ Prison And Flogging CHIEF OFFENDERS

Lighter Sentence For Fifth Man (Hr Teleirraph— Press Association.) AUCKLAND. February 1-1. Four ol the five prisoners who broke jail in October, Smith, O’Hehir, Duff, anti Silva, were sentenced by his Honour Mi. Justice Blair to 12 years’ imprisonment with hard labour, additional to the sentences they are already serving. They were also ordered a flogging of 20 strokes each.

The fifth prisoner, Watson, was sentenced to reformative detention for four years after serving his original sentence.

Randall Reginald David Smith, Brian James O'Hebir. John Henry Silva, and Allan Roy Duff were prisoners who had been found guilty of breaking prison with violence and tendering warders incapable of resistance bv means of violence. ’Smith, Silva, and O’Hehir said they bad nothing to say. For Duff, counsel, Mr. Noble s.-iii that the prisoner had not realized tne full gravity of the offence till be was involved in it. On tlie count of breaking prison b.v violence, the sentence was seven years hard labour. For rendering wardeis incapable of resistance tlie sentence was 12 years’ bard labour and -0 strokes. Tlie sentences were made concurrent, namely, 12 years in all. but cumulative with sentences already being served. , Watson was sentenced to four .real, reformative detention for escaping amt assaulting warders. His Honour said it was a fuel H>m some of the prisoners, ineluding smith, had not in fact, struck a warder, but lie had not the slightest doubt, that Smith was. if anything, worse than tlie others. He was certainly the leader and had taken line care to do the work effectively.

It was doubtful if Watson appreciated that force was going to be used, but* the others did. ami actually prepared weapons. "This charge of assaulting wardets to render them incapable of resistance is one of the most serious the Couit has to deal with short of Hie charge of murder. The men were prepared to effect their purpose regardless ol Hie amount of injury to the unfortunate warders, who were attacked oft. their guard. The attack was carried out coldbloodedly and callously. During the trial I could not. see the slightest indication of sorrow in any way for the warders who suffered at their hands. In fact, one might almost be inclined to think the prisoners gloried in what they had done.” There were no redeeming features in the ease, and lie would fail in his duty it he did not visit Hie offences with very great, severity.