TEN YEARS' SENTENCE

Nelson Evening Mail, Volume LVI, 21 November 1923, Page 6

TEN YEARS' SENTENCE

PRISONER’S SAD HISTORY Ten years’ imprisonment was imposed on Victor Henry Simmonds, who appeared before Mr Justice Stringer in the Supreme Court at. Auckland for sentence on two charges of indecent assault on a male and two charges of common assault, to all of which he pleaded guilty. The latter charges arose from an afray at Mount Albert on the afternoon of August 15, following accused’s escape from the custody of a constable. Two young men, George Alfred Daveren and Leslie Edward Howarth, were injured when assisting to secure accused, it being alleged that they were stabbed with a pocket-knife which he was carrying. On behalf of the prisoner, Mr Hogg said this was a very sad case. Simmonds was still a comparatively young man, being about 39 years of age, and he had spent 24 years in confinement of some sort. When a lad he was committed to an industrial school, where, it was alleged, he acquired a certain habit, and when he came out at the age of 19 he committed an offence for which he received a life sentence. After serving about 19 years lie was released on license. He married, and for two years lived properly. It was only when he was under the iniluence of drink that ho could not control Iris passions. To show that prisoner recognised his weakness, said counsel, he offered to undergo an operation and on his release had made arrangements to do so, but unfortunately the operation was not performed. The prisoner was above the ordinary intelligence, and counsel urged that as light a sentence as possible- be inflicted. His Honour: There is nothing to prevent him submitting to the operation while undergoing sentence Mr iHogg: No. He is anxious and willing to' do so. His Honour said that having regard to prisoner’s past history he could not. see his way to do other than pass a substantial term. But no doubt- if prisoner underwent this operation the Prisons Board would review his sentence. Pri- S soner was sentenced to ten years’ imprisonment. The Crown Solicitor, Mr V. R. Meredith, said he wished to mention the conduct of three men who had immediately gone to the assistance of the constable. Accused had an open knife in his hand, but these young men, at a considerable personal risk, secured him. Two of them were injured. Their action was most praiseworthy and gratifying. His Honour agreed that the conduct of these veung men was both courageous and meritorious.