JUDGE’S LENIENCY

Manawatu Standard, Volume LIV, Issue 283, 27 October 1934, Page 4

JUDGE’S LENIENCY

TO PRISONER'S PLEA. Per Press Association. WELLINGTON, Oct. 27. A brief but moving plea from the dock alter counsel had spoken on his behalf and Air Justice Ostler was about to pass sentence upon him in the Supreme Court to-day saved Mervyn Cud by from being declared an habitual criminal. AVitli his brother, Arthur Cudby, he appeared for sentence on five charges of housebreaking. to which Arthur Cudby, near the end of the trial, had dramatically pleaded guilty on Thursday and on which Mervyn Cudby was found guilty by a jury. This morning each pleaded guilty to four other charges of housebreaking and to a charge of having been found unlawfully in possession of housebreaking instruments. Mr Justice Ostlei, although having just previously expressed his intention of doing so, refrained from declaring Mervyn Cudby an habitual criminal and ordered reformative detention for a period not exceeding four years. Arthur Cudby was sentenced similarly, the period not exceeding three years. The Crown Prosecutor pointed out that there were 24 convictions against Mervyn Cudby in 19 years. His Honour referred to the fact that there had been an epidemic of housebreaking in Wellington and that it had ceased immediately on the arrest of the prisoners, and that the police had prepared evidence in fifty cases against them. He said Mervyn Cudby had made up his mind to live '

by preying on society instead of working, and apparently for that purpose had recently purchased a car to use as a tool in the trade of housebreaking. He did not like to declare a man an habitual criminal, and always hesitated to do so, and in the ten years he had been Judge he had only done it on two occasions. It seemed to him that he would be failing in his duty to the public if he failed to declare Mervyn Cudby an habitual criminal.

At this point Mervyn Cudby appealed to His Honour not to declare him an habitual criminal this time, but to give him one last chance. In reply to His Honour he said that if given a

chance he would make up his mind to give up crime when he finished Ins sentence. Mr Justice Ostler said he would give him a chance, although lie was not sure he was not failing in his duty to the public. HARD LABOUR SENTENCE.' Per Press Association. WELLINGTON, Oct. 27. George Paul Zakey, found guilty |on five charges of obtaining £95 by I false pretences, was to-day sentenced ! to nine months’ hard labour.