SUPREME COURT.

Otago Daily Times, Issue 20870, 9 November 1929, Page 8

SUPREME COURT.

CRIMINAL SITTINGS. Friday, November 8. (Before his Honor, Mr Justice Kennedy). INDECENT ASSAULT. Charles Wilfred Burrell was called on for sentence,-having been found guilty of indecently, assaulting three young girjs. Mr White, •who appeared for_ the accused, said bis client was a-married man, 25 years of age, with three children. Any punishment passed on the accused would be a punishment to the wife more than to anybody'else. The accused was a bootmaker by trade and_ had been carrying on business in' Mornington for the last 12 months. His premises were burnt down and he got into debt and had to give up his shop. He succeeded in, getting steady employment only recently under the Government. Mr White re-, minded his Honor of the extraordinary nature of the evidence, and asked whether, considering the amazing circumstances and the-fact that the man had not been in trouble before, it would be, possible to remand him for , a fejv days to get the probation officer’s report. . His Honor said he had the report‘of the probation officer. ; Mr White submitted that under the circumstances his Honor might grant the accused the advantages of, the Probation Act. ’ ■ _ ' . The ' Crown Prosecutor ■ (Mr., F. B. Adams) said that for' some time before the-accused’s arrest the police :had-reason to suspect; a man of-Offences of this nature,' but this . was the first occasion, on which such suspicions had arisen against the accused. He was not ah habi-' tual offender, but was apparently caught in his first act. Of course, the principal consideration .was the protection of young children from men of this type. His Honor isaid that while the accused: otherwise bore a good character and while he. (his Honor) would take into consideration the statement made on behalf of the Crown, that, accused had not, been in any way under/suspicion for any act ether than those on which the" jury had -found him guilty, yet such a . crime as the accused. had committed on young girls could not be lightly regarded. He would not overlook the circumstance which appeared in evidence, that some of. the girls did not receive at accused's hands an indecent experience for the first time, but were already no strangers to the act which the accused committed. Blit for all that could be said in accused’s favour, there was really no excuse for a ,man' of the age of accused indecently assaulting young girls under 11 years of age. The sentence of the court would. be that oh each of . the three counts the accused would be detained for reformative purposes for a period of 18 months, the sentences to be concurrent. • '

AUCKLAND. {Peb United Press Associatioic.) AUCKLAND. November 8. ■ Many prisoner's' were sentenced in the Supreme Court to-day, Mr Justice man, who had been engaged in a criminal trial, not finishing his task until tonight. Jessie Morris, aged 40, a dressmaker, for illegally using an - instrument, was sentenced to' four years’ hard labour, his. Honor saying that he'bad to take a grave view of the case despite the fact that the probation officer had' reported that prisoner was ■ a kindly disposed woman. William Bobbett, aged 36, a labourer, .for’ attempting to pervert the course of justice by persuading a woman witness to give false evidence in tbo case against Jessie Morris, was sentenced to six months’, imprisonment. His Honor said he had made the sentence .lighter than he would have done had prisoner not borne' a good character previously. William. Philip Payne, for the theft of £l6B as a servant of the New Zealand' railways, was .admitted to probation for two years. His Honor said the most extraordinary thing'about the , case was that the prisoner had money to his'credit. The police apparently accepted his state-ment-that he borrowed .the; money on Saturday and intended to repay -it 6n Monday. ' He had ample means"' to do this. Martin . Charles M’Carthy.. -aged 66, for indecent assault on a little girl, ■ was sentenced,to 18 months’ reformative detention. ■ James M'Donald and James Walsh, for receiving stolen furs, valued at £9O. -were sentenced to 18 months’ hard labour. For three breaches of the Bankruptcy Act. John Gilbert Helleur, aged 25; ■ was .admitted to -probation for two years. Arthur Douglas Wylie, aged 31, on one charge of theft and four of breaches of the Bankruptcy Act, was sento a total of 11 months’ imprisonment. . ■ ■

WELLINGTON. ■ (Per United Press Association.) WELLINGTON, November 8. In the Supreme Court 'his Honor announced; that a stay of proceedings ■had been entered-by .the Crown in the second trial of Dalla. Riva on .'a charge of so negligently driving' a motor cycle as,' to cause death; the nearing of -which had been set down for Monday, and discharged the prisoner. : The civil action of Parlane and another against Dalla Riva did not proceed, Mr. Ongley announcing that a settlement had been arranged.