TRUST BREACHES

New Zealand Herald, Volume LXXIII, Issue 22464, 7 July 1936, Page 12

TRUST BREACHES

COMMENT BY JUDGE

TERMS OF IMPRISONMENT "CAN CONTROL IMPULSES" "This is the third case of theft by persons in a position of trust that has come before me in one morning," said Mr. Justice C'atlan, in the Supreme Court yesterday, when sentencing George Patrick, aged 34, storemnn, on two charges of theft of the property of Motor Specialties, Limited, by whom ho was employed. "There are differences between the cases, but on the whole they balance one another," said His Honor. "This man would not have bad thc.so opportunities if he had not been trusted; and ho abused it and he has boon abusing it for a very long time." Mr. Goldstine, in pleading for leniency for Patrick, said there wero certain circumstances which distinguished the ease from the ordinary breach of trust. For tho past eight years Patrick had held the position of storeman with Motor Specialties* Limited, and lie had been a respected resident of Takapuna. These offences could only bo classed as an unaccountable lapse. For 12 months ho was taking things homo from tho store, but not on one occasion did he attempt to dispose of any of them.

James Johnston, employer of the accused, said that apart from this lapse Patrick had always seemed to him to be of exemplary character, and a model man for his position. If he were released ho believed he would be able to obtain employment for him. His Honor said that both Patrick and his counsel had spoken about having a mania for this. "If 1 believed that, it would not help in tho present case," said His Honor. "The only right 1 recognise to inllict punishment here is not in any spirit of revenge but for the safety of the community. If .1 really thought that sonio prisoner before me for theft had a disease that he could not control the logical thing would be to put him away for the longest possible time. I do not believo that sort of thing. We can all control our impulses. This man took some bolts or nuts for his car or whatever it was. Then he took something else, and something else, and so he got into tho habit. He can cure himself of the habit. He will bo treated like the others. Six months' imprisonment with hard labour."

COLLECTOR SENTENCED HOSPITAL BOARD'S LOSS Sentence of six months' imprisonment with hard labour was imposed bv Mr. Justice Callan on James Phillip Guy, aged 47, a former collector for the Auckland Hospital Board, who hail pleaded guilty to theft of fees he had collected for the board. Mr. Fraer, appearing on Guy's behalf, made reference to his war service, and said he had gone to the war with the Main Body and had been wounded on Gallipoli. Ho had spent various periods in hospital and in sanatoria, and in 1930 he was appointed a collector to tho Auckland Hospital Board. His offences had been mainly owing to his mental and nervous state of health.

His Honor said the papers showed that over a period of three or four years Guy had stolen £6B from the Hospital Board in 99 separate items that had been traced. The amounts had been small. His official records on carbon showed a receipt for a less sum of money than he had actually received. This was again a definite breach of trust by a person who was trusted, and it was done with care and done systematically. He did not think such conduct was to excused, and he was not prepared to grant probation. He would make the term short, and sentence Guy to six months' imprisonment with hard labour.