CRIME PUNISHED

New Zealand Herald, Volume LXXVI, Issue 23273, 16 February 1939, Page 18

CRIME PUNISHED

(VARIETY OF OFFENCES SUPREME ? COURT SENTENCES TWELVE PERSONS DEALT WITH MAORI WITH LONG RECORD Twelve prisoners who had been found guilty of. various crimes at the recent sessions of the Supreme Court, received sentence from Mr. Justice Fair and Mr. Justice Callan yesterday. A long address, in which he criticised the finding; of the jury and pointed out alleged inconsistencies in the evidence was made by a Maori, Walter Hunter, aged 37, described as a music compositor, when he appeared for sentence before Mr. Justice Callan on two counts of breaking and entering and theft. Prisoner was not represented by counsel.

"What prisoner has said is that the verdict was wrong and unjust, and that he has suffered a miscarriage of justice," said His Honor. "My duty is to respect the verdict of the jury and I may say that I think the verdict was quite right; ' "What is to be done? " His Honor added. "Prisoner has a long record and if it is, correct he has amply qualified for declaration as a habitual criminal."

Declared Habitual Criminal

Prisoner was shown a list of pretibus convictions and said he did not wish to dispute any of them. Hunter was sentenced to two years' imprisonment with hard labour, the sentences to be concurrent. He was also declared a habitual criminal.

On behalf of George William Edward Cox, aped "30, who had been found guilty of the theft of a motor-van valued at £'so, Mr. Noble handed up a statement in which the prisoner expressed a'desire to be sent to some place where he could learn to milk cows. Counsel suggested that Cox was not the master "mind in this offence. Mr. Justice Callan read a, list of the accused's previous convictions, beginning with the theft of a horse in 1926. Cox was sentenced to two years' imprisonment with hard labour. Forgery of Agreement A plea of guilty was entered by Cyril Mervyri Oswald Jensen, mechanic, aged 3S, on charges of forging a hirepurchase agreement for a motor-car and obtaining £325 from the New Zealand Guarantee Corporation by causing it to act on it as genuine. 3lr. Henry, for the prisoner, said this was an isolated offence. Jensen had commenced as a mechanic and worked tip to be owner and manager of a business.

His Honor said that the prisoner had obtained over £3OO by forgery and fraud. He-had repaid a great amount of that and that would be taken into consideration. He would be sentenced to six months' imprisonment with hard labour.

The psychological effects of changed conditions in accused's home were offered by Mr. Slipper as reasons for the actions of Frederick William Hardwick, who appeared before Mr. Justice Callan for sentence on four charges of indecent assault on a girl of 14' years of age. To take a light_ vi6w of prisoner's offences would be impossible, said His Honor, in sentencing accused to three years' reformative detention on each charge, the terms to be concurrent. Offence by Labourer

On behalf of Arthur Alfred Skinner, labourer, who had been found guilty of rape, Mr. Aekirts said that Skinner was a married man SO years of age. He had no criminal record' and his wife regarded him as a splendid husband and a splendid father. Whatever . had happened must have been due to the fact that he had taken far too much liquor. Mr. Justice Fair said he entirely agreed with the jury's verdict. It appeared that accused's conduct was due. as go many" of these cases were, to the drink he had taken. He would be sentenced to 12 months' hard labour.

Tlie opinion that drink had been largely responsible for prisoner's conduct was expressed by Mr, Sullivan before Mr.. Justice Callan on behalf of Thomas George Harry Crowley, aged 19, who had been found guilty on a charge of attempted carnal knowledge and had admitted a charge of common assault. If probation could be granted, counsel suggested that one of th<» terms should provide- that prisoner should take out-a prohibition order. Three Years' Probation

His Honor said that accused would be admitted to probation for three years, a longer term than usual. He was to take out a prohibition order and keep it in force for the period of his probation. Prisoner was also to pay the costs of the prosecution. ''Accused is aged 22 years, is married and has one child," said Mr. Sullivan on behalf of a half-caste Maori labourer. Walter Harrison, of Pawarenga, North Auckland, who appeared before Mr. Justice Callan for sentence on a charge of assault. Counsel added that prisoner was also supporting his mother and three sisters. As he had been unable to get bail, he had been in prison- for two months. He was a first offender.

Mentioning that much more serious charge 3 had originally been preferred against Harrison. His Honor said the jury had found him guilty of common assault only and he thought that was the right" verdict. Prisoner would be admitted to probation for two years and would be required to pay the costs of the prosecution. " Silly, Stupid Spite "

"Arson is a serious crime, but of its bind this is not a serious rase.'' said Mr. Turner on behalf of Charles Henare, a Maori farm labourer, who had pleaded guilty to arson at Whangarei on' December 12.

"If. was silly, stupid .spite." said Mr. Justice Callan, who pointed out Hint there had befcn no danger to life, but that accused's mate had lost bis clothes and' musical •instruments. His Honor said it was a ease in which accused,. after quarrelling with his-mate, had, in a fit of pique, burned down the hut which they shared. He ■would be admitted to probation for two years and would be required to pay the costs of the prosecution and £4O, which would be equally divided between his mete and the owner of the hut.