BREAKING, ENTERING AND THEFT

Dominion, Volume 34, Issue 124, 19 February 1941, Page 8

BREAKING, ENTERING AND THEFT

Prisoners Sentenced

PLACING OF EXPLOSIVE ON TRAM LINE

Stanley Clive Bernaseoni, motor mechanic, aged 29. and Lester John McDonnell Collin, soldier and store-

man, aged JU, came before Mr. Justice Ostler for sentence in the Supreme Court, Wellington, yesterday, on charges of breaking and entering and theft in Wellington. A. 17-year-old youth uas dealt with by the Children’s Court.

The offences consisted of breaking and entering the shop of li. N. Haley, Awa Road, Miramar, on December 22, and committing theft. Collin also appeared for sentence on a charge of having placed an explosive substance on a tramway line in Wellington in a manner likely Io cause danger.

Mr. D. Perry, who appeared for Bernaseoni, said that prisoner would later have to appear in the Magistrates’ Court to answer a number of other charges, to which lie intended to plead guilty. It might he suggested, said counsel, that, as Bernaseoni was the oldest, he might be considered to have been the guiding spirit, but, as a matter of fact, it. was the other two who had done the breaking and entering of the shop at Miramar, ami Bernaseoni had attempted to dissuade them. He was only 27 years old, and hail not been in trouble before. Counsel said that. Bernaseoni had pleaded not guilty to the theft of a car, valued at £250, and had been committed for trial, but he had instructed counsel now to plead guilty.

Mr. C. Evans-Scott, who apiieared for Collin, said that prisoner was only 191 years old and had left college only in 1939. He had been led into crime by tiie older man. That: be was obviously of a mischievous nature was shown by his aetion in placing an explosive on the tramway line in Adelaide Road. His father, who was it civil engineer, had said that his son did not. know tiie strength of tiie explosive, and had no desire to do damage to property. Comments by Judge.

"In regard to you, Bernaseoni." said his Honour, in passing sentence, "when a man like yon, 2G years of age, associates with boys of 19 and 17 in crime, unless he is a perfect half-wit or abnormal in some way, he must be considered the ringleader.- You pushed these boys into crime. The best way to deal with you is to give you an indeterminate sentence, and it will then rest with you as to how long you will remain in prison. You will be sentenced to reformative detention for not more than three years.” His Honour said that when Bernaseoni pleaded guilty to the other charges against him the sentences lie would receive could be served concurrently with the ■sentence the Court had just imposed upon him. "What you need is discipline,” said his Honour, in sentencing Collin to two years in a Borstal institution on both charges, the sentences to be served con cu rren 11 y. Mr. W. R. Birks appeared for the Crown. Later in the day Bernaseoni and Collin appeared before Mr, Luxford, S.M., in the Magistrates’ Court, each facing a number of summary charges involving thefts and unlawful conversion of cars, to which they pleaded guilty. Without hearing counsel the magistrate said it was not his intention to add to the Supreme Court sentences, which were obviously intended to cover the whole series of offences. He convicted anil discharged accused on all the charges which came before him.

Detective-Sergeant W. McLennan prosecuted.