MANY SENTENCES

New Zealand Herald, Volume LXXV, Issue 22963, 15 February 1938, Page 16

MANY SENTENCES

GROUP OF PRISONERS OFFENCES AGAINST GIRLS COMMENTS BY JUDGES A number of cases involving offences against women and against children wero dealt with in the Supreme Court yesterday by Mr. Justice Fair and Mr. Justice Callan, when the offenders came before them for sentence. Charges of unlawful carnal knowledge of two gills under 16 years of age had been admitted in the Magistrate's Court by Albert Graham Fookes, aged 62, retired bank official. Speaking on his behalf Mr. Goldstine said the circumstances were peculiarly tragic, not only for the prisoner himself but also for his family. Hitherto ho had borne an unblemished record all his life and had 42 years' service with a 'bank. The only explanation of these occurrences seemed to be that accused had been a true victim of circumstances, counsel continued. He had now lost the superannuation which he had built up over a long period. Term of Three Years His Honor said he could not fairly be asked to assume that the prisoner's lapse was due to the temptations of girls of 14 when he was of the age of 60. While His Honor accepted what had been said in mitigation, in view of the nature of the offences, a very substantial punishment must be imposed. Unfortunately, this type of offence was not infrequent in men who were otherwise of high character. Accused must be sentenced to a term of three years' imprisonment with hard labour.

Sentence of four years' reformative detention was passed by Mr. Justice Fair on Norman Crossley, who had been found guilty of indecently assaulting a girl 10 years of age at Otahuhu. His counsel, Mr. Noble, said it appeared to him the man was definitely mental. No man who had heard the evidence could come to any other conclusion.

His Honor made it a recommendation that while in prison Crossley be under observation for such treatment as might assist to reform him. Leniency Previously Shown

A similar recommendation about treatment was made by His Honor in the case of Arthur Gordon Kale, who had admitted five charges of indecent assault on a girl nine years of age. Ho was sientenccd to four years' imprisonment and decLtred an habitual criminal. Mr. Noble, on his behalf, said he was convinced there was something mentally wrong with the man. He had been shown great leniency before. On behalf of James Emmanuel Gilbert, aged 27, who had been found guilty of indecently assaulting a seven-vcar-old girl at Devonport, Mr. Allan J. Moody read iv petition signed by about 50'Devonport residents who said they had known Gilbert as a good honest straightforward citizen and that they considered his case one for treatment rather than punishment. Mr. Justice Fair said that this type of offence must be prevented and it could not be regarded as trivial. Accused would be sentenced to 12 months' reformative detention. , Probation RefusedA strong plea for probation was entered by Mr. Aekins on behalf of Earlo Shiiton, aged 19, when he appeared before Mr. Justice Callan for sentence on one charge of indecent assault and another of common assault upon a young woman in Albert Park on December 19.

His Honor said the case had given him a great deal of trouble on account of the youth of the prisoner, his previous good character and the strong recommendation of the jury to mercy However, he had come to the conclusion that it was not a proper case for probation. Accused would' do sentenced to two months' imprisonment with hard labour on the first count and to one month on the second charge, the sentences to be concurrent. "Not Case for Imprisonment" "This is not a case that calls for imprisonment," stated Mr. Justice Callan, when Albert Frederick Follas, farm manager (Mr. Sullivan), appeared for sentence on a charge of indecently assaulting a girl. Follas was admitted to probation for two years and was ordered to pay the costs of the prosecution within three months. For an attempted unnatural offence, James Henry Mitchell, an elderly man who was not represented, received a sentence of three years' reformative detention from Mr. Justice Fair. The prisoner, who said he was 73 years of age, stated that ho picked up a bottlo of whisky in the park, drank it and remembered nothing more. A statement was hiwided in by Ernest Grant, aged 59, who had pleaded guilty to two charges of indecently assaulting a boy aged 14 at Auckland and committing an unnatural offence at Russell. He was not represented by counsel. Mr. Justice Fair said that accused's only excuse seemed to be that he was drinking at the time. He would bo sentenced to four years' imprisonment with hard labour.