THEFT FROM SHOP

Evening Post, Volume CXL, Issue 148, 20 December 1945, Page 9

THEFT FROM SHOP

COUNSEL'S PLEA SUCCEEDS

Evidence was given in the Magistrate's Court today before Mr. A. A. Thompson, S.M., that Roy George Joseph Cudby, labourer, 41, had been seen with a metal bookend in a retail store and was followed upstairs, where he was invited into the firm's board room. A companion to the bookend was subsequently found out of its place on the premises. Cudby, charged with theft of the bookends, pleaded not guilty.

On his behalf, Mr. G. Joseph submitted that there, had been no evidence that Cudby had not intended to buy the bookend, for he had ample money on him at the time, but at no stage was he invited to do so. Therefore Cudby's conduct did not amount to theft.

After Detective-Sergeant E. <I-I. Compton, prosecuting, pointed out that at no stage did Cudby offer to pay for the article, notwithstanding the opportunity to do so, Mr. Thompson said he was satisfied that the accused intended to and did steal one bookend. He entered a conviction accordingly and accepted Mr. Joseph's plea that, despite Cudby's record of 59 previous convictions, this was a very minor affair and a gaol sentence would mean that accused would remain in prison indefinitely ns an habitual criminal. The Magistrate ordered Cudby to come up for sentence within 12 months if called upon. A further charge of the theft of two women's singlets from some person or persons unknown was dismissed.