BURGLAR SENTENCED

New Zealand Herald, Volume LXXIII, Issue 22350, 22 February 1936, Page 20

BURGLAR SENTENCED

, THREE YEARS IN PRISON MORRINSVILLE CRIME [from our own correspondent] HAMILTON, Friday The question of declaring Norman Harold McCormick an habitual criminal was considered by Mr. Justice Callan in tho Hamilton Supremo Court today, when McCormick appeared for sentence on a charge of breaking and entering, tho store of Wallace Supplies, Limited, at Morrinsville, and stealing £45 in money. The evidence showed that the safe of the store had been blown open at night with explosives. A long list of previous convictions was acknowledged by the prisoner. Mr. W. Noble, for prisoner, pointed out that some of the offences had occurred when McCormick was a youth. Counsel pleaded that his client should not be declared an habitual criminal. His Honor said accused had committed a deliberate and determined burglary at a time when by the kindness of utter strangers he was about to be offered honest work. His Honor said he had given careful thought to the question as to whether he should declare McCormick an habitual criminal. He felt, however, that when in doubt the best thing to do was to err on tho side of mercy. He would not, therefore, dcclaro McCormick an habitual criminal, but he warned McCormiok that should he appear in Court again he could expect such a declaration to be made. Prisoner was sentenced to three years' imprisonment with hard labour.

An application made by tho Crown solicitor, Mr. H. T. Gillies, for the restitution of £l9 10s found in prisoner's possession to Wallace Supplies, Limited, was opposed by Mr. Noble. After a good deal of argument His Honor hold that the jury had found that tho money had come from the store, and ho ordered that the sum, with the exception of £5, which was claimed to be the property of a friend of prisoner's, bo returned to tho proprietors of the storo.