SUPREME COURT

Otago Daily Times, Issue 23637, 22 October 1938, Page 7

SUPREME COURT

PRISONERS SENTENCED IMPRISONMENT FOR ARSON •• one OF THE WORST CASES FOR YEARS ” « One of the worst cases of wanton destruction of property of other people in the Otago district for many years,” was the description of Mr J. B. Deaker, who appeared for the Crown, when Harold Robertson Black, aged 24, of Ranfurly, ppeared before Mr Justice Kennedy in the Supreme Court 'esterday for sentence on two charges of arson. His Honor said the crime showed that the prisoner was dangerous, and passed a sentence of reformative detention for three years on each charge, the sentences to be concurrent. Addressing the judge on behalf of the prisoner, Mr O. G. Stevens referred to a previous offence, one in which the complainant was the prisoner’s father. As the result of it, Black was placed on probation and had been doing well. Then his father sold his business and the prisoner, with his mother’s assistance, took it over md had seemed to be building it up. Through giving credit, however, he had been unable to meet his accounts with merchants, and became very « orried by threats of proceedings against him. The outcome of it all was two fires involving considerable loss to the prisoner’s father, to himself, 'to his , creditors and to another innocent person. Mr Stevens suggested that the crimes lacked craftiness, and said that the prisoner had been perfectly frank to the nolice. He was a young man, popular and well thought of in the Ranfurly district. He felt his position very keenly, and had given his creditors every assistance to straighten out his affairs. “This is one of the worst cases of wanton destruction to the property of other people in this district for many years,” said Mr J B. Deaker, who appeared for the Crown “ According to the police records, damage estimated at £3500 was done. Aoparently the prisoner’s motive was to gel insurance money with which he could pay his own debts, and to that end he was prepared to swindle his father and the insurance company He was prepared to also start an additional fire, but at the'last minute did not go on with it. This was a very serious crime of a type often very difficult to clear up. “First you set fire to a building some distance from the one which you were occupying, apparently to divert suspicion from yourself,” his Honor said when addressing the orisoner. “ Then you set lire to your father’s building and were j.epared to start still another fire. The damage is estimated at over £3OOO The crime shows that you are dangerous.” He would take the prisoner’s age into consideration, he said, in imposing a sentence of reformative detention for three years on each charge, the sentences to be concurrent. OBTAINED CAR BY FRAUD YOUNG MAN SENT TO BORSTAL A sentence of two yean;’ detention in the Borstal Institution was imposed on Victor Griffin, aged 18, whohad been found guilty of obtaining a motor car valued at £224 from Messrs Hislop and Gibson. Ltd., by false pretences. For the prisoner, Mr O. G. Stevens said this was a Case of a young man making his second appearance before the court. He had previously pleaded guilty to a charge of converting a car to his own use and another minor offence associated with the same set of circumstances, and had been granted probation. A weakness in character was the prisoner's trouble, he said. In this offence, although he did not give his own name when he was obtaining the car, he showed such a lack of cunning that by giving an address and the name of a solicitor, both of which were easily traced to connection with his relatives, he had made it easy to find him. The car had been returned undamaged. “ Cars seem to have been his downfall," counsel said. The prisoner’s age was only 18, and he made a plea for as much consideration as the court could extend.

44 This is a case of simple crime.” Mr Deaker said for the Crown. 44 The prisoner gave an assumed name when he saw the dealers and arranged for the purchase of a car, assured them that the money would be provided, and then assumed a solicitor’s name over the telephone. He travelled 392 miles in the car.’ Griffin had been convicted in April of this year of conversion of a motor car and on a charge of theft. To his Honor, Mr Deaker said this crime had apparently been committed while Griffin was on probation.

4< No doubt dealers should not be very ready to deal with persons of vour age and appearance,” his Honor commented. “The false pretenco in this case was cunning and deliberate.” The offence had been committed during the prisoner’s term of probation. The probation officer« report was unfavourable, stating that the prisoner was irresponsible and in need of training and discipline. He would be sentenced to detention in the Borstal Institution for a period of two years. BREAKING AND ENTERING TERM OF REFORMATIVE DETENTION Reformative detention for nine months was the sentenced imposed on Walter Hewlett for breaking and entering a warehouse by night and committing theft at Waikaka. The prisoner, whose age was only 22, had been in trouble before, but it did not appear that lie had had much chance in life, said Mr C. J. L. White, who appeared for him. He left school when he was 14 and worked at odd jobs about the Waimea district. He was before the Children - Court in 1934, and two years later was before the court at Lumsden on two charges of theft, for which he was sentenced to one year in the Borstal Institution His behaviour there must have been «ood since he was released after eight months of his sentence had been served. He had had no home advantages, and Mr White suggested that a boy released in such circumstances was under a great disadvantage. In September of this year he was out of work, desperately in need of money and in ill-health. There was no doubt of his state of health since he was admitted to the hospital the day after the offence was committed. He was arrested when he left hospital, ffhe amount

involved was very small, and Mr White askeu the court to consider that the prisoner had already been five weeks In eaol. Mr Deaker said that the prisoner had apparently interviewed a doctor some days lefore he committed the offence and then presented himself at the hospital with the doctor’s note very -arly on the morning of the offence, presumably with the intention of providing himself with »** alibi. ‘The probation officer’s report is not favourable,” his Honor said. Taking into account the fact that the prisonei nad been in prison, the sentence would be one or reformative detention for nine months.