YOUTH’S ESCAPADE

Evening Star, Issue 22973, 2 June 1938, Page 2

YOUTH’S ESCAPADE

SUGGESTION OF BRAVADO THREE YEARS’ PROBATION Taking the view that the prisoner was not the principal actor in the crime and that the offence was not one which had been long premeditated, His Honour Mr Justice Kennedy extended the benefits of the First Offenders’ Probation Act to George Francis Symon. (18), who appeared for sentence in the Supreme Court to-day on a charge of breaking and entering a shop and committing theft therein. Symon was released upon probation for a period of three years. Appearing on behalf of the prisoner, Mr O. G. Stevens said that the young man was the youngest of the family and bad undoubtedly been its spoilt boy. The motor oar be used on the night of the offence bad been lent to him by his brother. His people were respectable people in Oamaru. The prisoner came to Dunedin and showed evidence of industry. Ho was honest, and seemed of a popular personality. In fact, he was a little over-popular, which may have led him into the company referred to in the probation officer’s report. It was possible to suggest, said Mr Stevens, that the prisoner’s action was more that of a fool than of a criminal. When seen by the police the prisoner was quite frank, except that ho did not name bis companion for about a week, in the hope that he would come forward and give his own name. Prisoner’s companion on this night was some years older than him. Mr Stevens suggested that it had been a very severe lesson to prisoner to spend 31 days in gaol. That in itself was a punishment and something he would never forget. In all the circumstances, counsel asked that His Honour might grant to the accused benefits of the First Offenders Probation Act. The Crown Prosecutor (Syr F. B. Adams) said that the police in this case accepted the prisoner’s statement that he was accompanied by another man, and farther believed him when he said the other man was the principal offender. With regard to the suggestion that the prisoner acted more or loss in bravado and thought that the other man was joking, Sir Adams said there might be something in this. Nevertheless! the prisoner remained in the vicinity, kept the engine of the car running, assisted the other man in his escape, and shared the xmoceeds of the crime. » “ According to your own statement, your part in this crime was not that of the principal actor,” said His Honour, in addressing the prisoner. He himself had formed the same opinion from the depositions to that which the Crown Solicitor had intimated to him in prisoner’s favour as the opinion of the police. “ Nevertheless, you waited in your car and enabled the person who, according to your statement, actuallycommitted the crime to get away,” His Honour addressed the prisoner. His Honour said that the probation officer’s report showed that the prisoner was 18 years of age and already married. His Honour took the view that the offence was not one which had been long premeditated. In all the circumstances, he thought the benefits of the First Offenders’ Probation Act should be extended to prisoner, because it appeared that he had already spent a month in prison, and the probation officer, in a careful and helpful report, thought it would be proper and recommended accordingly. Symon was released upon probation for a period of three years, upon the usual statutory conditions, and subject to prisoner paying the costs of prosecution (235), making restitution, and paying for the damage and for what was not recovered up to £l2 Is, and not associating with any person or persons or any class of persons with whom the probation officer had warned him, i r n writing, not to associate.