“ENTIRELY IRRESPONSIBLE”

Evening Star, Issue 20853, 24 July 1931, Page 7

“ENTIRELY IRRESPONSIBLE”

CONDITIONS DISREGARDED PROBATIONER SENTENCED ON ORIGINAL CHARGE ,c The experienced probation .officer, who, 1 am sure, would not readily say; it, confesses that in your case he can do nothing with you, and it is evident that you are one of the few failures of those admitted to probation,” said His Honour Mr Justice Kennedy to Kevin Hugh Mooney when sentencing Mooney in the Supreme Court to-day to a term of reformative treatment on the first count of an indictment on which he was found guilty by a jury; last year. • Mooney admitted a breach of the conditions of his release on probation byf failing to notify a change of address to the probation office!’. John Garbutt, the probation officer, said ho had known Mooney since his release on probation on July 28 of last year. Accompanied by his brother-in- > law, Mooney had called at the probation office, where witness had Explained the nature of his obligations as a probationer very fully, and also the special conditions imposed on him. Mooney did not seem to treat the matter seriously—rather the reverse. Witness’s impression was that Mooney the matter as a liberty, and that he had no sense of responsibility. Mooney was immediately transferred to the charge of the probation officer in the Clyde district till November, when he; called at the office, and stated that he was taking up work with his brother-in-law at Mount Cargill. Mooney had made restitution of only £2 in four months, although a condition of - his release was that he paid £1 a month.A fine of £5 had also been imposed, but a total of only £5 was paid by January. He told Mooney _to report monthly, and discussed with him his mode of life. Complaint was mad 3 that Mooney was contracting debt 5, without the. possibility of payiris { Mooney made a general statement ad: mitting that he had contracted debts, Mooney reported regularly till January, when he obtained work at Green Island* where he stayed fbr five months, earning over £l4. Ho had paid, however,only £1 into the office. Mooney was told to report weekly from Green Island, but he omitted to report on six different occasions. Witness constantly reminded Mooneyj of the necessity of complying with his obligations, and also with the monetary conditions of his release. On no occasion had Mooney given reasonable cause for his failure to comply with the conditions. Following complaints that ho had attended dances, Mponey frankly admitted that he had ignored a. special condition of his release. About the end of May Mooney returned to • Mount Cargill, and on June 21 witness learned that he had left, and later found that Mooney had gone to Mos-o-iel in search of work. Steps were then taken to have Mooney arrested. His Honour: Have you formed the opinion that ho Mias not appreciated the gravity of the offence for which he was released upon probation?—Yes* Yon really have no control over him because he will not carrv out the sta* tutory obligations —He is not amenable to the control provided by the « Act. . , Am I right in taking it that since his release on probation you feel you cannot do much for him?—-Yes. _ _ “ I have a very clear recollection of your case,” said His Honour, addressing prisoner. “You were found guilty by a jury on two counts, the first of which was for indecently assaulting a girl. I had doubts in your case as to whether it was proper to admit you to probation, but I resolved that it would bo better to give you « chance to redeem yourself than to send you at once to prison. You were re- - leased on ,p rotation upon the usual statutory conditions and certain special con* ditions recommended by the probation officer, which no doubt were designed for the protection of girls lest, by any, chance, you should repeat your offence, and, further, calculated to enable you to work out your own reformation. I am sorry to sec that you have proved entirely irresponsible and have flagrantly disregarded your statutory obligations; and, far from profiting by probation you seem to be drifting into irresponsible courses. The experienced probation officer, who, 1 am sure, would not readily say it, confesses that in your cash ho can do nothing with you, and it is evident that you are one of the few failures of those admitted to probation.” * His Honour said he would sentence Mooney on the first count of the original indictment to be detained for reformative purposes for a period of six months. He would recommend that the sentence bo served in the Borstal institution.