“HONOUR AMONG THIEVES ”

Otago Daily Times, Issue 22832, 17 March 1936, Page 14

“HONOUR AMONG THIEVES ”

VIEWS OF LORD CHIEF JUSTICE

" This court does not encourage honour among thieves,” sternly remarked Lord Hewart in the Criminal Appeal Court, London, recently.

The observation followed a comment by Mr Herbert Malone, counsel for Lewis Day, who, at the Old Bailey, received a sentence of three years’ penal servitude for conspiring in a " long firm fraud” in the city.

Mr Malone had explained that his client at once made a clean breast to the authorities, thus saving much public money, yet he was rewarded with a sentence that was much heavier than the one passed on his partner in the crime and a man who had been described as the “ brains of the affair ” and “ a menace to the business world of London.” Counsel added that without the full confession made by Day a conviction would have been difficult to obtain.

Mr Malone’s complaint was that it would he a bad thing for justice if it became known that even when a criminal assisted the police and facilitated the action of the law ho still would get a heavy sentence.

Making the observation quoted above, Lord Hewart added: “I always understood that virtue earned its own reward,” and Mr Malone replied, amid laughter, “but it’s poor consolation to have to languish for years in a cold prison cell.”

“ There is no evidence that lie was encouraged to sqnca) against Other suggested conspirators,” commented Mr Justice du Pareq. Mr Malone urged that Day’s sentence should be reduced on the ground that he had been the tool of Joseph Levy, aged 50, a commission agent, who had received two years’ imprisonment for participation in the same conspiracy.

On Levy’s behalf Mr C. Gallop submitted that the conviction was wrong. The court, however, dismissed both appeals, Mr Justice du Pareq stating that the swindle concerned the conduct of a fraudulent concern which obtained money from firms in England and abroad. There was no evidence that Day was the tool of Levy; indeed, it would appear that he carried on the business after Levy decided to take no more interest in it.