PENALTY OF CRIME.

New Zealand Herald, Volume LXVII, Issue 20480, 4 February 1930, Page 14

PENALTY OF CRIME.

PRISONERS SENTENCED.

PUBLIC SERVANT'S THEFTS.

JUDGE ON DUTY TO STATE.

A number of prisoners who had pleaded | guilty in the lower Court were sentenced ! by Mr. Justice Smith in tho Supremo j Court yesterday. Richard James Lanigan, aged 27, clerk, for theft as a Government servant, was sentenced to reformative detention for 18 months. Mr. Solomon, in appealing for leniency, paid that about eight years ago tho prisoner passed with credit the Public Service entrance examination and was appointed to the Lands Department, where he showed promise and was rapidly promoted. His offence of converting stamps of large denomination to his own use began as tho result of financial embarrassment caused by the illness of his wife two years ago. lie made a clean breast when notified that ho was to be transferred on promotion to another place. None of tho documents from which the etamps came had been lost. Reference to Gambling. The Crown Prosecutor, Mr. Hubble, paid that the offences could not be rogarded as other than serious in view of /the position of trust which tho prisoner had occupied. His Honor said that tho prisoner had admitted the theft as a Government servant of £286 10s. From tho probation officer's report it was fairly clear that he ,vras not likelv to offend again, but there was a duty to the Stato and probation could pot bo granted. To grant probation would be practically an intimation to Government servants with dishonest tendencies that they might tako sums up to £3OO with immunity from punishment. His Honor could not see his way to countenance any such intimation as j that. Tho probation officer had referred to gambling having a great deal to do with the offence in this case. Request for Hard Labour.

On behalf of James Porler, aged 25, gtable-hand, who had admitted three charges of theft and six charges of breaking, entering and theft, Mr. Noblo said that tho prisoner had come in conflict -with the law when quite young. On coming back from Sydney (sight or nine months ago he was out of employment and started on a career of breaking and entering. His Honor remarked that prisoner had been sentenced to terms of two years and three years' Borstal detention and had been released from tho latter last April. His record showed that very little consideration could be shown to him. He would be sentenced to three years' reformative detention on each charge, tho sentences to run concurrently. Porter asked if there was any chanco of making the sentence hard labour. His Honor: I think it will be better in your interest that it should be reformative detention. William George Boakes, aged 29, farm hand, had admitted at Matamata eight charges of breaking, entering and theft, | and one charge of attempting breaking and entering with intent. Mr. Bell, appearing for the prisoner, said that although a portion of his early years had been spent in industrial schools and later he had served a term in the Borstal Institution, he had since spent six years in the employ of one farmer, who had found him industrious and reliable, but his mental development did not appear to be more than that of a boy of ten. After obtaining a motor-cycle two years ago he had careered round the district and broken into various stores. All the goods stolen had been chocolates, soft drinks, cigarettes and other things which j could be consumed. i Menace to the District, j Prisoner had certainly been a menace ! to the district, and in'view of his previous .convictions a substantial sentence , must be imposed, His Honor said. From j the nature of the thefts ho agreed that | the case was one for reformative deten- i tion. i Boakes was sentenced to concurrent i terms of four years on each of the charges j of breaking, entering and theft and two | years in respect of the attempted crime. I James Bruce Will Miller, aged 29,_ sales- j man, was sentenced to nine months' hard labour , for obtaining credit by fraud. Mr. Hubble said that the prisoner had previously been convicted of similar offences, and was now serving a term o. six months' imprisonment on seven charges in respect of which he had been j arrested at New Plymouth. ; Mr. Noble, on behalf of Miller, said that prisoner got a £4OO car on credit and j •when he gave a cheque in payment ho | had expected that someone would como ] along and guarantee his account at tho bank. Drink appeared to be the causo i of the trouble. Prisoner was highly , educated, and came from a most dis- , tinguished family. J " Calculated Bigamy."

In the case of Owen Barber, aged 45, farm labourer, who appeared for sentence en a charge of bigamy, Mr. Noble said that his client had lived very unhappily with his wife in Christchurch and on corning north had married bigamous y under an assumed name. fortunately there were no children. It had gone out from tho lower Court proceedings that he married the woman because she was in trouble. This was quite untrue, and it was only fair to the woman that tho truth should be made known. Mr. H.iUile said that Barber had failed to maintain his wife and his conduct even toward his bigamous wife had not been satisfactory. In imposing a sentence of three years hard labour, His Honor said that ho had been unable to find any extenuating circumstances. Accused had been married in 1009 and it would appear that the trouble /with his wife arose through his association with another woman. In tho circumstances his later marriage amounted to cold and calculated bigamy, and ho had inflicted a grave injury on the woman lie had bigamously married.