SERIOUS OFFENCES.

New Zealand Herald, Volume LXVI, Issue 20256, 16 May 1929, Page 12

SERIOUS OFFENCES.

YOUTHS SENT JO PRISON, FIVE AND FOUR YEAR TERMS. STRONG COMMENT BY JUDGE. Strong comment was madfc by Mr. Justice Kennedy in the Supreme Court yesterday upon the actions of two youths, Roy Gordon Cupel (Mr. Webster) and William Gibson (Mr. Finlay), who appeared for sentence on serious charges. Capel was found guilty last week of assault with intent to commit rape upon a young woman at Heine Bay, Gibson being found guilty of rape upon the same woman. "It is very difficult to make any plea on behalf of Capel," Mr. Webster said. Prisoner had been under the severe handicap of having lost his father at an early age, but until his anti-social bent had developed he had been a good son and a well-behaved boy. Counsel asked that the youth should bo given some form of reformative treatment in order that he might learn the error of his ways. His Honor said Capel had been found guilty upon clear evidenco of an offence against an innocent girl whom he chanced to meet and whom ho had never seen before. "By your violence you prevented her from calling for assistance," he said to prisoner. "Yours is a very bad case. Whilo you are young in years I cannot ignore tho fact that you are old in crime. Your career of wrongdoing commenced six years ago, but yours was an exceptional case in which leniency taught no lesson and merely afforded opportunity for you to commit more crime." His Honor added 'hat Capel committed his most recent crime whilo awaiting sentence for another offence. His general character and conduct were very unsatisfactory. "Only last year you stood your trial on a charge of rape, but you were acquitted then," the Judge said. I will sentence you as though you were innocent of that charge, but you should have learned from that lesson some senso of the abhorrence of vicious attacks upon women. Although you might ultimately reform, your case makes it clear that I must in the meantime assure young women that they will be safe at least from you. Referring to Gibson His Honor said he had overpowered the young woman and committed the crime upon which he was convicted after the woman had been ill-treated by his companion. "You have a history as bad as that of your associate in crime," the Judge said. "Leniency has been extended to you on three occasions before you were sentenced to the term of imprisonment you are now serving. The probation officer reports that your low and weak mentality has no doubt a bearing on your conduct. In your case it is also abundantly clear that I must place you where you cannot repeat your conduct." Cupel was sentenced to four years' imprisonment with hard labour, Gibson being sentenced to five years' imprisonment with hard labour.