BROTHERS SENTENCED

New Zealand Herald, Volume LXXI, Issue 21943, 29 October 1934, Page 12

BROTHERS SENTENCED

HOUSEBREAKING CHARGES TERMS OF DETENTION PLEA TO JUDGE FROM DOCK [by TELEGRAPH —PRESS ASSOCIATION'] WELLIXGTOX, Saturday A brief but moving plea from the dock after counsel had spoken on his behalf, and when Mr. Justice Ostler was about to pass sentence upon him in the Supreme Court to-day, saved Mervyn John Cudbv from being declared an habitual criminal. With his brother Arthur, ho appeared for sentence on five charges of housebreaking, to which Arthur Cudby near the end of the trial had dramatically pleaded guilty on Thursday, and on which Mervyn Cudby was found guilty by the jury. This morning each pleaded guilty to four other charges of housebreaking and to a charge of having been found unlawfully in possession of housebreaking instruments. The Crown Prosecutor pointed out that there were 24 convictions against Mervyn Cudby in 19 years. The Judge referred to the fact that there had been an epidemic of housebreaking in Wellington, that it had ceased immediately on the arrest of the prisoners, and that the polico had prepared evidence in 50 cases against them. He said Mervyn Cudby had made up his mind to live by preying on society instead of working, and apparently for that purpose he had recently purchased a car to use a.s a tool in his trade of housebreaking. lie did not like to declare a man an habitual criminal, and he always hesitated to do so. In the 10 years he had been a Judge he had done it only on two occasions. It seemed to him that he would be failing in his duty to the public if ho failed to declare Mervyn Cudby an habitual criminal. At this point Mervyn Cudby appealed to His Honour not to declare him an habitual criminal this time, but to give him one last chance. In reply to His Honor, ho said if given a chance he would make up his mind to give up crime when he had finished his sentence. The Judge said he would give him a chance, although he was not sure he was not failing in his duty to the public.'' Mervyn Cudby was sentenced to reformative detention for a period not exceeding four years, and Arthur Cudby was sentenced to reformative detention for a period not exceeding three years.