PENALTY FOR BURGLARY.

New Zealand Herald, Volume LXVIII, Issue 20978, 15 September 1931, Page 12

PENALTY FOR BURGLARY.

YOUTH FROM AUSTRALIA. / ■ 'FOUR CRIMES IN AUCKLAND. \ TWO YEARS' IMPRISONMENT. r A youth/who was responsible for four decent burglaries in the Auckland area was sentenced by Mr. Justice Herdman in the Supreme Court yesterday to two years' imprisonment with hard labour. His Honor expressed regret that he could not have the youth, Albert Ernest Austin, aged 21 (Mr. Dunlop), deported to Australia, whence he came. Mr. Dunlop said Austin had been asso- : ciated in the burglaries with a man somewhat older than himself and of stronger character. Austin was an Australian by birth, and in Australia he had been convicted and sentenced for the conversion of a motor-car. Almost immediately after his liberation he stowed away to New Zealand, and in a fortnight or three weeks after his arrival ho committed an. offence against a girl and was sent to a Borstal Institute for two years. He was liberated on July 29, and was arrested on the present charges on August 17. After his arrest Austin had given every assistance in recovering the stolen goods. Accused was a prohibited immigrant, having landed here within two years after imprisonment in Australia, and was liable to deportation. His Honor said he had looked into that matter, and he could not make any order for ..deportation. Mr. Meredith, Crown Prosecutor, agreed that a prosecution for deportation had to bo initiated by the Customs Department. Mr. Dunlop suggested that accused be given a short, sharp sentence, and that he be held in custody until he left New Zealand. "I would be very glad indeed if I could discover a way of sending you out of New Zealand," said His Honor. "Time after time this Court has cases to deal with of criminals who come over from Australia and commit crimes here, I have no power under the section referred to by your counsel to order your deportation." His Honor said the fact he had to deal with was' that the prisoner had pleaded guilty.to having broken and entered four dwelling- houses and stolen from them property totalling £BS in value. It was not an isolated offence, but Austin had been systematically engaged in housebreaking. MAORI-LADS' OFFENCES. BAND OF "OUTLAWS" FORMED. "Carson Brothers, the Outlaws," was the title adopted by five Maori boys who stood in the Supreme Court dock yesterday for sentence for breaking and entering and theft. They had been sent down from Kaikohe where they had pleaded guilty to breaking into the Commerce' Hall and stealing property from it. Questioned through an interpreter, the boys said they had nothing to say in answer to the charge. "You Maori boys are not a credit to your race," said Mr. Justice Herdman. "The report I have from the police and probation officer is highly unsatisfactory. It would appear that you have been making a study of bushranging literature, and have formed yourselves into a band. The only course I can take with you isto see that you are placed under restraint for some time as a warning to you and to others. You will be sentenced to be detained in a Borstal Institute for a period not exceeding two years."