BREACH OF PROBATION

New Zealand Herald, Volume LXIX, Issue 21333, 7 November 1932, Page 12

BREACH OF PROBATION

FORTNIGHT'S IMPRISONMENT WARNING FROM THE BENCH A warning to persons released on probation that they must strictly observe tho conditions, or tho consequences would bo serious for them, was voiced by Mr. R. W. Tate, S.M., at Waitara last week. "I fear tho idea in tho minds of somo people is that probation is equivalent to a 'letting off,' " ho said. "If that idea persists I shall have to send many more offenders to gaol. Probation is not by any means a 'letting off'; it is simply tho deferment of imprisonment for an ofenco." Ihe magistrate made his observations when sentencing Ilonry L. Slight to 14 days' imprisonment with hard labour for committing a breach of a probation order at Okoko. For driving a car without being in possession of a licence ho was convicted and discharged. Tho original charge against Slight was that he had driven a car while ho was intoxicated. Ho was fined £5 and placed on probation for 12 months, his licenco being cancelled. Speaking directly to Slight, the magistrate said ho had made it quite clear to him that if ho did not observe the terms of his probation ho would become liable to threo months' imprisonment with hard labour on the original charge. "But you have abused tho privilege granted to you," continued Mr. Tate. "Perhaps the better courso for me would have been to send you to gaol then. How can I possibly avoid sending you to gaol now ? If I don't send you thero other people may think thoy can commit breathes of probation orders, and that would mean tho breaking down of tho probation system." Constable J. A. Tocher, who discovered tho commission of tho broach, said that when askod to explain his action in driving a car, Slight said ho had taken tho wheel in order to relievo his wife, who had become ill suddenly. While admitting the facts of tho crise, counsel for defence pleaded on Slight's behalf that ho was a married man with seven children. Mrs. Slight had a motoring licence, but it had been her custom to allow hor husband to drive over tho difficult part of Okoko Road. Thoy had been to tho sale at Urenui to buy pigs. Tho man had only taken tho whool bocauso his wife was ill.