THREE YEARS’ PROBATION

Otago Daily Times, Issue 23517, 3 June 1938, Page 10

THREE YEARS’ PROBATION

YOUNG MAN SENTENCED “NOT MAIN ACTOR IN CRIME” Release on probation for three years, subject to certain conditions, was the penalty imposed on George Francis Symon, aged 18, when he appeared in the Supreme Court yesterday before his Honor Mr Justice Kennedy for sentence on a charge of breaking and entering a shop and committing theft. It seemed that Symon was not the principal'actor in this crime, his Honor said, but he had known his companion was doing and helped him to get away. Mr O. G. Stevens, who appeared on Symon’s behalf, said the prisoner was the youngest member of the family, and undoubtedly had been the spoilt boy. The motor car which he used on the night of the offence was lent to him by his brother. His people were reputable citizens of Oamaru, and when he came to Dunedin he showed evidence of industry. The prisoner was honest and appeared to be popular. In fact, he was rather too popular, and that might have taken him into the company to which the probation, officer referred in his report. It was reasonable to suggest that the prisoner’s action was more that of a fool than that of a criminal, Mr Stevens continued. He had been quite frank to the police, but for the fact that at first he did not give the name of his companion in the hope and expectation that the latter would come forward voluntarily. This companion was some years older than Symon. Mr Stevens said 31 days in gaol had been a very sharp lesson to the prisoner. In all the circumstances he asked that the benefit of the First Offenders Probation Act should be extended.

The Crown Prosecutor (Mr F. B.' Adams) said that the police accepted the prisoner’s statement that He was accompanied by another man, and further believed his story that the other man was the principal offender. There might be something in the suggestion that Symon acted more or less in bravado, and thought that his companion was joking. Nevertheless, the prisoner assisted the other man in the escapade, and shared the proceeds of the crime.

According to his statement, the prisoner’s part in this crime was not that of the principal actor, his Honor said. He himself had come to the same opinion from reading the depositions as that put forward on behalf of the police by the Crown Prosecutor. “Nevertheless, you waited m the car and helped the person who, according to your statement, committed the crime to get away/* his Honor said. The probation officers report showed that the prisoner was 18 years of age and already married. The report recommended probation, and since this did not appear to be a crime that was premeditated, his Honor thought that it was a proper case for the use of the First Offenders Probation Act.

Symon was released on probation for three years, sdbject to statutory conditions and to the payment of the costs of prosecution (255), the restitution and payment for the damage and for what was not recovered up to £I2I Is, and to compliance with a condition that he should not associate with any persons against whom the probation officer warned him.