PROBATION GRANTED

Evening Star, Issue 22193, 22 November 1935, Page 9

PROBATION GRANTED

CHARGE OF HOUSEBREAKING YOUNG MED SENTENCED Probation for two years was the sentence imposed upon each of Cyril Guyton, aged 20 years, and Erie Chapman,aged 23 years, who appeared before His Honour Mr Justice Kennedy in the Supreme Court this morning on su charge of breaking and. entering a dwelling and theft. On behalf of Chapman Mr C. L. Calvert said that in the case of this prisoner the crime, was utterly unpremeditated. When he left his home in company with Guyton he had not the slightest intention of committing any crime, and counsel could find no reason why he should have taken part in the offence. Chapman did not seem to have had any desire to keep, use, or sell the goods which were taken. The prisoner: was very penitent, and the probation officer’s report gave counsel ground for, hope that His Honour might extend the merciful provisions of the Probation Act.

Guyton, who was not represented by counsel, had nothing to say. The Crown Prosecutor (Mr F. B. Adams) said there was a statement in the police report,that the accused Guyton was of doubtful character.

His Honour, in dealing with Chapman, said: I shall assume that, as your statement says, you had no idea of committing the crime when you set out on your walk, hut that the idea first occurred _to you when you came to the vicinity of the house you entered.; This appears to be your first offence, and you are the older of the two, hut I do not think that you took the leading part. The probation officer recommends probation, and your past record and conduct appears to have been generally satisfactory. I propose to give you a chance to redeem your, lapse from good' conduct by probation.; Instead of sentencing you to a term of imprisonment I shall direct you to be released upon probation for a period of two years on the usual statutory conditions and upon the following special conditions:—That you pay the costs of the prosecution (£1 6s) within seven days from date, and that within that time you. make complete restitution of the damage done. There will be a further condition that you do not associate with any person or persons or class of persons with whom you are advised by the probation officer in writing not to associate, and that you do not associate with the prisoner Guyton. To Guyton His Honour said: You are much younger than your fellow prisoner, bat I do not take the view that you are less .responsible for what has been done. Your past conduct and habits do not appear to have been as satisfactory as they should have been, although in a supplementary report the probation officer informs me of certain circumstances in your favour. But for those circumstances I might have felt it my duty not to release you upon probation hut to sentence you to two years in the Borstal. In view d£ what has been brought to my notice 1 propose to give you a final chance to live a better life in future. His Honour then directed that Guyton be released upon probation for two years upon conditions similar to those that applied in the case of Chapman. ANOTHER CHARGE. Guyton subsequently appeared in tha Police Court for sentence on a charge of stealing a bicycle valued at £2 10s, and was ordered to come up for sentence if called upon within sis months, a condition being that he pay within 48 hours the sum of 10s, which he had received from the sale of a bicycle.