Five Year Sentence For Attack on an Elderly Storekeeper

Manawatu Times, Volume LIV, Issue 7298, 27 October 1933, Page 3

Five Year Sentence For Attack on an Elderly Storekeeper

JUDGE CHARACTERISES HIMATANGI CASE AS A BRUTAL ASSAULT. Characterising the case as a brutal assault on an old man, the Hon. Mr Justice MacGregor yesterday morning, in the Supreme Court at Palmerston North, passed sentence on Lindsay Edist Edward Garner, panel-beater, aged 22 years, of Johnsonville, who on Monday last stood his trial and was convicted on three charges: (1) That at liimatangi on July .1 last, in company with some unknown person, he assaulted Christian Martin Sorensen, storekeeper, with intent to rob; (2) assaulted Mr Sorensen so as to cause him actual bodily harm; and (3) that he assaulted Mr Sorensen,

Mr T. F. Rolling, on behalf e£ prisoner’s counsel (Mr A. F. Hogg, of Wellington), said that it was not a case -where leniency could reasonably be asked for, although lie wished to point out that Garner had already been in custody for three months. Counsel suggested that the prisoner be sentenced to a term in the Borstal institution. He was only 22 years of age, and had a record; but while in gaol on tho previous occasion he had met the man evidently in whose company the crime had been committed. If there was anv hope of the prisoner reforming, it would be in Borstal, where he would meet a different class to those with which he had before ben associated.

The Crown Prosecutor (Mr H. R. Cooper) pointed out that the prisoner was at. present serving a sentence of eight months’ imprisonment. His Honour, in passing sentence, said that the prisoner had been convicted on three counts. The first was that, with some unknown person, he had committed assault with intent to rob, and under the section ho was liable to imprisonment for life with floggings once, twice or three times, according to age; while on the second count, that of assault causing actual bodily harm, he was liable to three •yca'rs’ imprisonment with hard labour. The third count did not need to be dealt with, said his Honour. i 1 The facts show that a brutal assault was committed on an old man SI years of age, with intent to rob,” the Judge stated, adding that it was his plain duty to pass substantial sentences. Counsel had suggested that the prisoner be sent to a Borstal institution, but he did not think Garner was a fit person for such a place. Prisoner had already been convicted several times. Ho had come to New Zealand from Tasmania in 1921, and in 1930 had been convicted of theft, for which he had received two years' probation. In 1931 he had been fined for trespass on a racecourse, and had also received three months for theft. Following this ho had been sentenced to three months’ imprisonment for the unlawful conversion of a car, theft, and wilful damage; while on August 16 of the present, year he had been sentenced to three months’ imprisonment for theft and three months each, cumulative, on three charges of mischief. Prisoner had a substantial record, and was apparently accustomed to prison life and would do more harm than good at a Borstal institution. ‘ 1 On the first count prisoner will be sentenced to five years’ imprisonment; on the second, three years’ imprison, ment; and on the third, one year’s imprisonment —the sentences to be served concurrently,” concluded his Honour.