FALSE PRETENCES

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

FALSE PRETENCES

MISREPRESENTATION TO SHOPKEEPER FOUR MONTHS’ IMPRISONMENT A verdict of guilty on a charge of obtaining with intent to defraud and by false pretences £2O in money from Charles Alton Morton was returned against John Alexander O’Donnell in the Supreme Court before Mr Justice Kennedy yesterday. O’Donnell appeared on alternative counts, the second being that of having by certain false pretences procured the sum of £2O, to be delivered to Maurice O’Connor by Charles Alton Morton. He was sentenced to four months’ imprisonment with hard labour.

The prosecution was conducted by Mr F, B. Adams and Mr B. A. Queich appeared for the accused.

When the hearing was continued yesterday, evidence was given by Leslie Mervyn Bennie, who was employed by the complainant Morton, of the visit to Morton’s shop by O’Donnell and O’Connor.

Thomas William Roy Gibson, a warehouse keeper in the Customs Department, said that a search of the Customs registers covering all the bonds of Dunedin showed that there had not been any confectionery in bond for the accused. Detective Sergeant Le Sueur said he interviewed O’Donnell on July 6, when the accused said he did not know Morton, had never been in his shop, and had no knowledge of the alleged offence. An identification parade was held and Morton identified the accused without hesitation. No evidence was called for the defence.

Addressing the jury. Mr Adams said it was very plain that the transaction was carried out with intent to defraud and that the money was handed over on false representations. The importance of the fact that the jury had to be satisfied beyond all reasonable doubt before it could enter a conviction was emphasised by Mr Queich. It had to be satisfied that there had been actual misrepresentation, and the case accordingly turned on the evidence of the complainant, Mr Queich discussed this evidence, and suggested that it was unreliable in details, a fact which cast doubt on the whole story.

His Honor summed up and the jury retired at 11.15 o’clock. It returned at 11.30 o’clock with a verdict of guilty on the first charge, and O’Donnell was remanded to the afternoon for. sentence. Prisoner Sentenced

The prisoner was 25 years of age and had been married for two years, Mr Queich said when O’Donnell apoeared for sentence. He was unfortunate in that there had not been much parental control in his upbringing. and in view of that fact and the fact that others were associated with him in this crime, counsel asked for leniency.

On behalf of the Crown, Mr J. B. Deaker said there was nothing to be added to the case. Unfortunately this offence of dishonesty did not stand alone but followed other dishonest acts, his Honor said. The probation officer’s report was that the prisoner was not as concerned as he should be to live an honest and industrious life, and that his associations were undesirable. He would be sentenced to four months’ imprisonment with hard labour.