PENALTY OF CRIME

Evening Post, Volume CXXVIII, Issue 108, 3 November 1939, Page 9

PENALTY OF CRIME

SENTENCES PASSED

BREAKING AND ENTERING

Prisoners were sentenced by the Chief Justice (Sir Michael Myers) in the Supreme Court today.

| In the case of William Clifford Berice Symonds, spray painter and labourer, aged 23, and Cyril Gordon McAlinden McKey, motor trimmer, aged 24, each of whom had pleaded guilty to two charges of breakirig and entering and theft and one charge of unlawful conversion of a motor-car, his Honour said ! that he had had to refer on more than one occasion, unfortunately, during the [past two months to tlie number of ! young men who came before the Court for breaking and entering, young men who had been earning £3, £4. and in the prisoners' case, £5, a week, and were under no spur of necessity. He was afraid that a lesson must be taught to the young men of the community who were minded to commit those offences Sentence of fifteen months' reformative detention was imposed in each case on each of the charges, the sentences to be concurrent. Mary Jonas, waitress, aged 31, for whom' Mr. R. Waterson appeared, was admitted to probation for a period of twelve months for bigamy and ordered to pay costs. £5 15s 9d. Counsel said that there were many circumstances touching on the prisoner's married life which had brought about a separation between herself and ncr lawful husband. She had done her best to make the marriage a success and her lawful husband was prepared to take her back. No final arrangement had been made between the parties. His Honour remarked that the Probation Officer recommended probation, and on the whole he saw no reason why the recommendation should not be given effect to. PERJURY BY YOUNG MAN. A medical examination of the prisoner to ascertain his mental condition generally was ordered by tys Honour in the case of Robert Cecil David Mcßitchie, labourer and railway surfaceman, aged 22, who appeared for sentence for perjury at Stratford. His Honour said that his reason for the! examination was that the Probation! Officer after considerable hesitation,! suggested that the prisoner might be, granted probation. At first sight he found himself entirely unable to agree "I regard this case as a very serious one indeed," said his Honour. "It is a charge of polluting the very stream of justice. This young man went into Court a^d gave evidence that he had seduced a girl who was bringing proceedings against somebody else under the Destitute Persons Act in respect of a child. That was absolutely untrue, as he now admits. According to his statement to the police, he did it to help the person against whom the girl was taking proceedings, for a money reward. I regard that as an offence of the most serious character, and it is not a question of punishing this young man but a matter of letting other young men know, and other persons who may not be young or men, that perjury, of any sort, particularly of this kind, is regarded as a most serious matter." The prisoner was remanded.for sentence until November 14.Appearing for Robert William. Fengelly, labourer, aged 25, who had pleaded guilty to unlawful carnal knowledge, Mr. A. J. Mazengarb said that the prisoner had had a clean record until the present offence. On his own initiative he had gone to the Detective Office and made a statement, Which resulted in police inquiries being made. PROTECTION OF GIRLS. His Honour said ihat if the girl concerned had been of loose character he might have considered the case much more favourably, but as it was, it was the duty of the Court to protect the young girls of the community, especially those who could not be said to be of loose morals. "Unfortunately, there are a number of cases that come before the Court where the girl, young though she may be, is, just, as blameworthy as the young man, very often more so," his Honour added. "Against that type of girl, as I have said, more than once, the young men of the community must be protected, but that is not this case. Here there is no suggestion of a girl of loose morals. I do not propose to. make the sentence a heavy one, but it must be severe enough to let young men similarly minded know that such behaviour cannot be allowed to pass with impunity." Sentence of eight months', imprisonment with hard labour was imposed, j