YOUNG BURGLARS

Evening Star, Issue 20322, 2 November 1929, Page 20

YOUNG BURGLARS

“ CRIME CAN NEVER PAY " HR JUSTICE KENNEDY'S WARNINGS A strong wanning to young men who in the future come before the Sunreme Court on charges of burglary was given by Mr Justice Kennedy to-day, when he sentenced Frederick Leslie Black and Cyril Adams on a charge of breaking and entering a shop at Mosgiel and stealing goods to the value of £65. Mr G. M. Lloyd said Black was a mere youth, aged eighteen and a-half years. He was of a highly respectable family, but he had become associated with Adams, a young married man, and two juveniles. The latter had possession of a key to the shop, and they boasted of a similar episode to Black and Adams. They invited the two prisoners to join them in another escaEade. It was obvious that Black had een led astray by his companions, and he did not , think the Crown would suggest for a moment that Black was the prime mover. Mr Lloyd suggested that there was no criminal intent on Black’s part, and Black had confessed every detail on his arrest. Although goods to the value of £65 were stolen, the only goods found in Black’s possession were two ties, one handkerchief, a pair of armlets, a pair of suspenders, and a singlet. His Honour: But you cannot forget his cunning arrangement to conceal the theft aind tKe deliberate arrangements made for tile disposal of the goods stolen.

Mr Lloyd: Well, sir, in Black’s case I repeat thoywere the only goods in his possession. He may have known where the other goods were, but I am not aware of that fact.

Prisoner’s statement to the police was characterised by a frankness and sincerity that was convincing, and in it he expressed sincere regret for his offence and contrition for the disgrace brought on his family. Since his arrest on 19 Black had been confined in the gaol. In extenuation counsel said Black’s father died when the boy was seven years old, and the mother had gone out to work in order to help her family of three young children. Prisoner left school when thirteen years of age to earn a living for the widowed mother and family. He had worked for five horse trainers, and, although counsel wished to make no reflection on the trainers, prisoner had probably made some bad companions. He had been led astray by men older than himself. Black had also worked at a cheese factory and on two farms and in a market garden. When out of employment he worked in the garden at his home. For two weeks prior to the burglary Black was unemployed, and, having nothing to occupy his time, he allowed himself to be led astray by his companions. Counsel attributed Black’s trouble to bad companionship, lack of steady employment, lack of education, force of circumstances which placed him in his present position. and lack of parental control. A mother ruled with, kindness, and the boy had not had his father’s control.. His record was a clean one. His Honour: Is that so ? Counsel: He was brought before the court on a trivial offence. “ That is not a clean record,” remarked His Honour.

Mr Lloyd said the offeince was lifting off gates at Christmas two years ago. His Honour: It is reported to me that the charge was of mischief. The mothei gave evidence to support counsel’s plea For probation. On behalf of Adams, Mr A. C. Hanlon said prisoner was a married man, aged twenty-three years, with one child. It was true that he had already been convicted of obscene language, and, arising from that offence, the theft a tin of fish valued at Is. Up to the time of the present offence Adams had been in steady employment as a labourer, and he pointed out that no suggestion had been made that Adams was one, of a gang. Although there were four implicated His Honour: Is he the oldest? Mr Hanlon: I think so.

Prisoner said that the offence was committed on the spur of the moment, continued counsel The two juveniles had been in the premises on two previous occasions. Adams stood outside and watched while the others were inside, but he shared in the' proceeds. Adams stoutly maintained that so far as he was concerned the crime was not premeditated. Although he first denied the offence, he was later perfectly frank, and showed the police where the goods were secreted, “ Black and Adams, I am sure that your respective counsel have said in your favour everything that could be properly said on your behalf,” said His Honour. “ The crimes of breaking and entering are too frequently committed in this district by young men. I have no doubt that there would be an increase in such crimes by young larrikins in the smaller towns if it were felt that they would, for their first detected burglary, be sure of receiving probation if they appeared before the court. The crimes that you have committed are crimes, in my judgment, by lazy young men who thought it was worth while to be dishonest. It is my duty to teach such young men, if they exist in the community, that crime can never pay. I have carefully considered all the circumstances of both of you, and I am satisfied that in neither case could probation be considered. The Probation Officer does not recommend probation. He says in his report to me that he does not think it would be of benefit in either case. I am satisfied from my own consideration of the case that his recommendation is right, _ and that in the case of each of you it is proper that there should bo punishment

“As far as you, Black, are concerned, you must learn haoits of industry. and you must cease imposing upon those whom you should have assisted. It is plain to me that you require further control —control which, notwithstanding the affection your mother no doubt Dears to you and which she evidenced by her statements in the box, she cannot properly supply. To release you on probation, I am sure, would neither be in the interests of Sbciety or in your own ultimate interests. Instead of being sentenced to a term of imprisonment, you will be ordered to be detained in a Borstal institution for a pei’iod of, two years. “ Adams, you ■ apparently were the oldest of the four associated in the crime committed, and you have earlier received some indication of the seriousness of disregarding the laws of your country. I am satisfied the circumstances disclosed in your case criminal intent, which requires punishment for its elimination. Probation is not recommended. The sentence of the court is that you be detained for reformative purposes for a period of two years.”