PRISONER’S SENTENCE

New Zealand Times, Volume XLVII, Issue 10962, 26 July 1921, Page 7

PRISONER’S SENTENCE

HARSHNESS ALLEGES THEFT OF BANK BOOK AT AUCKLAND. RESULTS OF PROBATION SYSTEM. The Court of Appeal was engaged yesterday morning hearing an appeal by Henry Richard Jeffrey, aged 22, alleging harshness in a sentence of one year's imprisonment imposed on him by His Honour Mr Justice Salmond, at Auckland, on a charge, to which prisoner pleaded guilty, of having stolen a post office savings bank book, and having forged the name of the owner. The court com-’ prised Their Honours Mr Justice Sim (Acting-Chief Justice), Mr Justice Hosking, Mr Justice Swinger, Mr Justice Reed, and Mr Justice Adams. Mr Allan Moody, of the Auckland Bar, appeared for the and Mr WC. MacGregor, K.C. (Solicitor-General), for the Crown. DETAILS OF THE OFFENCE. Counsel for the prisoner detailed the events concerning the case. Prisoner was living in a hut at Whangarei with th© owner of the bank book. On presenting it at the Whangarei post office prisoner was informed that it would be necessary to have the account transferred from Wellington if he wished to draw on it. He signed the transfer form with the name of the owner, thereby committing forgery. He was arrested, but had not operated on the account. He had previously borne a good character, but His Honour, Sir John Salmond, did not 6ee his way to entertain the appeal of. counsel that he be admitted to probation. Mr Moody quoted the practice in Auckland, of the Officer making out a report for the assistance of the court.

Mr Justice Reed asked whether it had not been provided in the old Act that the Probation Officer should present o report before a prisoner was sentenced. Mr Justice Hoskins replied that suoh was the case. He had, he B&id, often sent for the Probation Officer and spoken to him when dealing with a case. DETERRENT TO CRIME. Counsel, continuing, gave as opinion that the sentence was a harsh one in the circumstances. Latterly the law had lost any vindictive aspect, and aimed at saving a man rather than inflicting punishment on him. The operation .of the probation system had been fully justified by s the remedial and deterrent effects gained from it. During the tenure of office of the Rev. F. R. Jeffrieg’ as. Probation Officer at Auckland 507 cases had been dealt with by him. Of this number, only six had again transgressed, thirty-nine had failed to comply with the restrictions imposed, and the remainder, 451 in number, were satisfactory as regards their conduct. Tributes to the zeal and vood work of the Auckland Probation Officer were expressed by members of the court. "WAVE OF DISHONESTY." The Solicitor-General said the reason for His Honour's decision was' not before the court, and it was therefore impracticable to adjudicate on his action. It would- perhaps be found necessary to fol-

low the practice of the English courts, to have a shorthand note taken of the evidence. Mr MacGregor did not agree that the case wag one of sndden temptation; it was not the fault of prisoner that his scheme did not work. Mr Moody : His employers are agreeable to take him back; that is surely something in his favour. The. Solicitor-General said there was a wave of dishonesty going over the country, and the only way to arrest it was by salutary sentences. The court reserved its decision.