PENALTY OF CRIME

Evening Post, Volume CXXII, Issue 14, 16 July 1936, Page 4

PENALTY OF CRIME

VARIOUS OFFENCES

PRISONERS SENTENCED

Regret that there was no half-way house for persons fit for neither prison nor a mental institution was expressed by Mr. J. Meltzer in the Supreme Court today when addressing the Acting Chief Justice (Sir John Reed) on behalf of Harold Frederick Maunder, aged 37, a labourer, who appeared before the Court for sentence on a' charge of indecent assault, on a male; ■

In an o.utline of the prisoner's history counsel said that he had gone to the Great War at tn& age of 16J, served throughout, and gained the Military Medal. Afterwards he took part in the Russian campaign and won a Russian decoration. Doctors who had examined him in connection with the present offence differed as to whether he was a case for a mental institution. It was unfortunate, said counsel, that there was no half-way house, and he submitted that the prisoner should be sent to a mental institution.for observation. It seemed a terrible indictment of medical science that the only thing to do was to send the man to prison.

"We have one "prison lull of them." remarked his Honotir. ,

"This man is no stranger to that institution,"' replied Mr. Meltzer, "and he tells me that there is nothing in the nature of medical treatment there."

Addressing the prisoner his Honour said that it: Was his duty to protect the public. Crimes such as the prisoner's caused untold misery to others and it' wfs therefore necessary that men such as the prisoner should be detained. His Honour-remarked also oh the fact, that-the offence had been committeed while the prisoner was on bail on another charge.

A sentence of five years' imprisonment with hard labour was imposed. Detention in a Borstal institution for a period not exceeding two years was the sentence imposed upon Ronald Victor Sutton, aged 19, a labourer, for the theft of a car at Taihape. On behalf of the prisoner Mr. T. P Cleary sai'd that Sutton had gone to Taihape with an older man who had apparently supplied- him .with drink. He had lost his companion and taken the car to drive home..

In sentencing the prisoner, his Honour referred to -th<j. fact that he had put the car in a shed to which he alone had access, and had started to paint it. A deterrent penalty had to be imposed. Unfortunately, this-was a prevalent offence-and it was'impossible to treat it leniently. ■■ For breaking, entering,'arid theft, to which she had. pleaded' guilty at New Plymouth, Hilda 'Elizabeth Cresswell, aged 42, a married woman, was placed on probation for two years, and was ordered to take out a prohibition order and to pay the costs of the prosecution, £1 13s. ..■■..

Mr. A. J. Mazengarb pointed out that it was not a bad case of its type and that the prisoner had never previously been before the "Court on any charge of dishonesty. All the • property had been returned to its owners.

On each of four charges of breaking, entering, and theft, ruid one of theft, to all of which he had pleaded guilty in the Magistrate's Court at Wellington, Bernard Holmes, aged 26; a labourer and steward, was sentenced to eighteen months' imprisonment with hard labour, the terms to be served concurrently.

Mr. P. D. N. 'Verschaffelt said that the prisoner had not been in trouble previously,.except for deserting a ship. Counsel's difficulty was~the; numberVof charges at-prejsent against'thelprisoner, who fortunately had been caught when probably he was starting "on a 'career of crime. He had^iven every assistance to the'pplide, and Mr. Verschaffelt asked i that he He .given a chance to make good. "By this series of crimes you have qualified to be declared a habitual criminal," said his Honour. He did not propose to do that then. Two Maori farm labourers, James Henry Beattie, aged' 20,.' and Hemoata Wharepapa,aged 19, appeared for sentence on a charge of breaking,'entering, and 'theft,; to which .. they had pleaded guilty at Ruatoria. Neither' of .them- had anything' to say. ' '.'■ The circumstances, in which the offence was committed were discreditable, remarked his Honour. Apparently Beattie hadiregarded himself as a hero,; and although .this was his first offence he had the reputation of being a secret thief. The other youth was the tool of Beattie and had not taken an activel-paft in the .breaking and entering."' :' ' ■'.';■ . :.. ..' . Beattie was sentenced , .to: twelve months' '?' imprisonment •■ with -.- hard, labour, and Wiiarepapa:;was/placed on probation for 'twci'vyears: land ordered to pay £_3;14s 9d costs.1 ' ;>■'■''''■'•>.'/; :,-.: