A FINAL CHANCE

Evening Star, Issue 21711, 4 May 1934, Page 11

A FINAL CHANCE

THEFT OF FOODSTUFFS ACCUSED ADMITTED TO PROBATION “It does look from the data as if the accused committed the theft for the purpose of getting food and other necessities for his family,” said the Crown Prosecutor (Mr If. B. Adams) in respect of William Ernest Garden, who appeared before His Honour Mr Justice Kennedy in the Supreme Court this morning for sentence on a charge of breaking and entering a shop ana the theft of goods valued at £lO 4s. The accused, who was not represented by counsel, asked for another chance. Mr Adams said that the police report showed that the accused was a married man, and was born at Woodlands. He left school. at the_ age of thirteen when he was in the third standard, and worked as a farm labourer in Southland until about S years ago when ho came to Dunedin. Since then he had been following the occupation of a general. labourer, and he had one previous conviction against him for dishonesty. Ho was last before the court in 19‘29 for drunkenness. His wife and child were in delicate health. He was addicted to drink, and when drinking seemed to associate with people of questionable character. Mr Adams said that the man appeared considerably under the influence or liquor at tlie time of tho offence, though not so drunk as ho would make it appear at the time. The premises on which the offence occurred were practically deserted, the case being different from one of breaking into an occupied dwelling or occupied shop. The accused had never yet been sentenced to imprisonment, and the groceries which he was charged with having stolen were some pitiful articles of food. With regard to the costs of the prosecution, if the court saw its_ way to grant probation, Mr Adams said ho felt the Crown should he prepared not to impose even a small debt on the accused for a start. His Honour said that the probation officer recommended, though not without some hesitation, that probation should be extended to the prisoner. His Honour proposed to give him a final chance, and instead of sentencing him to imprisonment he would order that tho accused bo released on probation for a term of three years on the usual statutory conditions, and upon a special condition that he take out a prohibition order and renew it from time to time, keeping it renewed throughout the whole period of probation.