CRIME PUNISHED

Evening Star, Issue 23496, 9 February 1940, Page 9

CRIME PUNISHED

PRISONERS APPEAR FOR SENTENCE IMPRISONMENT FOR SERIOUS OFFENCES Twelve prisoners came up for sentence in the Supremo Court this morning before Mr Justice Kennedy, the punishment inflicted ranging from terms of hard labour to reformative detention, while in a number of cases prisoners were given further opportunities to make good and were placed on probation. On a charge of breaking and entering, George Edward Ferguson, a married man, aged 33, for whom Mr J. G. Warrington appeared, was placed on probation for two years under the usual statutory conditions, and! also conditional upon him paying the cost of the prosecution (one guinea), and £5 ss, • the damages caused at the scene of the robbery, within 14 days. He was also ordered to take out a prohibition order and renew it during the period of his probation. Mr Warrington stated prisoner was under the influence of liquor when the crime was committed. He selected a . main street shop where passers by were liable to see him. and smashed in a .glass door panel. He had already taken out a prohibition order and arranged to pay for .the broken glass panel. His Honour stated! when passing sentence that he proposed to give heed to . the fact that prisoner had not been ' before the court for some years. He was of the .opinion liquor was at the bottom of the occurrence. ELDERLY MAN SENTENCED. Peter William Bell, a bachelor, aged . 69, appeared for sentence on two charges of carnal knowledge. Mr W. G. Ward, his counsel, stated prisoner had been a resident of Waikouaiti nearly all his life. He hadl never been ill trouble before, and his appearance in the dock now was something of a tragedy. His Honour remarked that Bell was advanced in years, but that be was advised prisoner was normal and fresh in all other respects. As a measure of protection, something had to he clone in such cases. Bell was sentenced to reformative detention for one year on each charge, the sentences to be concurrent.; INDECENT ASSAULT CASES. Robert Edgar Stevens (Mr E. J. Anderson), a single man, aged 27, appeared for sentence on a charge of indecent assault on a male. Mr Anderson said prisoner lived with, an uncle at Waitati, and so far as his physical condition allowed ‘ ho was a good •worker. Medical evidence, however, was to the effect that Stevens had! not shown normal development. “ You were detected, and if your intention was to go further, fortunately i your activities were prevented before : they assumed a grave nature,’’ remarked His Honour to prisoner. He admitted Stevens to probation for two years, and ordered him to pay the costs of the prosecution (£2 14s 3d) . within one month. . .Lewis Helm,. aged 58 (Mr W. J. Meade), who was convicted on a charge of indecently assaulting a female, and .. also doing an,offensive act with intent to offend, also appeared for sentence. Prisoner had been living hjr himself { ;for the . past eight years, Mr -Meade; said. Fortunately no violence was. offered ,to the child. i\ : _ ■ . Without comment, His Honour sentenced Helm .to 18 months’ hard labour on the major count, and on the other no was ordered to come up for sentence if called npon within one year. Melvin Jack Forrester, aged 24, a married man (Mr. 0. G. Stevens), was sentenced to 18 months’ hard! labour for an indecent assault on a young woman. Mr Stevens entered a plea for leniency, and suggested that Forrester, because of his early life, had never had a proper opportunity. His Honour remarked tnat the assault was committed with violence and persisted in until help arrived. LENIENCY EXTENDED. James Leonard Miller, represented by ■Mr A. Smyth. Gore, appeared for sentence on a charge of carnally knowing a young woman. Counsel stated prisoner and the girl were employed together on a farm at Riversdale, and an attachment had grown up between them. The girl was well grown, and might readily h© taken for one of much older years. When it was ascertained the girl was in trouble, prisoner frankly admittedl he was the father of her baby, and since pleading guilty in the lower court he had married her. in fact,

added counsel, had the girl concerned told Miller of her condition in the first place he would then" have married her and possibly'no charge would have been laid. Miller now had a home at Riversdale, and was fortunately in a position to maintain his-wife and- child. “ I will take into consideration your general good character,” His Honour told prisoner. “ and also the recommendation contained in the probation officer’s report.” Miller was. placed on probation for two years, and ordered to pay tbe costs of prosecution (£3 14s 9s) within 14 days, LENGTHY TERM IMPOSED. On a charge of assault with intent fo commit rape, Albert Edward May (Mr D. A. Solomon) was sentenced to hard labour for three years and nine months, and_ on a charge of assault causing bodily harm he received! six months’ hard labour, concurrent with the major term. Mr Solomon told the court there was little that could be said for a man who attempted such an offence in broad daylight. Such a man could not be normal, he added. “ You have been found' guiltv of an attempt to rape,” His Honour‘said! to May. “ Everything that could bo done has been done for you by Mr Solomon, who represented you at my request. You dragged! a young girl off" the path and endeavoured to accomplish your purpose.” His Honour then delivered sentence as outlined. YOUNG MAN SENTENCED. Having pleaded guilty to supplying a noxious thing with intent to procure a miscarriage, Harold John Salmon (Mr W. H. Carson) also appeared for sentence. Stating that prisoner had been partially blind all his life and that this affliction possibly had some relation to Ins earlier troubles, Mr Carson asked for what leniency the court could in justice mete out. His Honour stated it would have been possible to consider probation but for prisoner’s past record, when he had already been granted probation and he was also now awaiting trial on a charge of dishonesty. He would be sentenced to hard labour for one month. PENALTY FOR THEFT, On two charges of theft and two of breaking and entiyr with theft, Henry Edward Haywire!, a married man, aged 28 (Mr E. J. Smith), was sentenced to 13 months’ reformative detention on

the breaking and entry charges and sis months on the other counts, the periods to be concurrent. Mr Smith, in a plea for leniency, suggested that a drinking bout at the Now Year was responsible for prisoner’s lapse, as when he was arrested he was visibly under the influence of liquor. Prisoner now realised how mean and contemptible his offences were, and he desired to make restitution. “ You have been three times before the court for crimes of dishonesty,” His Honour told Hayward, “ and a term of imprisonment must he imposed.” Sentence was then passed as stated. ROBBERY WITH VIOLENCE. The escapades of two young men in the city recently were recalled when Ross Walker Reid and Eric fluband, aged 19 and 22 respectively, appeared for sentence on a charge of robbery with violence. The offence took place on December 28, stated Mr E. J. Smith, tjieir counsel, but there was nothing coldly calculated about it. It was not a scheme to lure a drunken man away in his car to rob him. Rather was it the result of a drunken spree. His Honour remarked that the usual punishment for the crime of robbery with violence was imprisonment, and this could be imposed, notwithstanding the youth of the prisoners. However, he would take into account the fact that there was no long preparation and that the crime was not conceived in their sober senses. “ I took the view before your counsel spoke,” he said to_the prisoners, “that far too much drink had been, taken, not only by the person robbed, but by yourselves. I am satisfied there was a scuffle, but it was little more than a scuffle.” Huband was placed on probation for two years, ordered to pav half the costs of prosecution (£2 12s 6d). make restitution of £2 to the owner of the car, and to take out and renew a prohibition order during the currency of his probation. Reid was similarly treated, and was ordered to make restitution to the car owner of £l.