PUNISHMENT FITTING THE CHIME.

Poverty Bay Herald, Volume XLVII, Issue 15593, 9 August 1921, Page 6

PUNISHMENT FITTING THE CHIME.

PROBATION NOT STIPULATED FOR. EVERY FIRST OFFENCE. •Pei I'ress Association..' PALMERSTON N., this day. • Tho Supreme Court opened to-day. Addressing the Grand .liny, Mr Justice Hosking referred to the recent pronouncement of the Appeal Court concerning probation, lie. said tho Court of Appeal had laid down no new doctrine. It bad not laid down that every first offender should be released on probation. That everyone would be entitled to commit one theft was the objection freely raised when (he law was origin ated, but after the administration of the Act came to lie experienced sueli a deduction was found to be falsified. There bad been no such result. There was no rule of practice to warrant it. The Court exertised judgment in regard to each case individually. It does, not admit probation without a report from the probation officer. His business is to enquire into and report upon the character and personal history of an offender ; also, as to any other matters affecting the offender that may be required. It was upon the same broad considerations, namely, the best interests! of the public and the offender, that tho Court, endeavors to guide itself in determining whether it- shall or shall not adopt the recommendation of the probation officer. Probation officers knew that recommendations are. not invariably accepted. The ultimate responsibility is with the Judsre. In an endeavor to reconcile the interests of the public with those of tho delinquent all the circumstances of a particular caso as far as is known, Mich as age, character, and other circumstances personal to the delinquent., ihe nature- of the crime, the prevalence of the offence, whether a position of trust has been abused, whether a deep design lias been manifested or the offence is ono of a sudden temptation—these and other circumstances of Ihe case are taken into account. The circemsLin.es: of their combinationl; vary indefinitely, and the conclusion which one probation officer or judge may arrive at might well differ in certain instances on the border line, but that probation is extended as a matter of ' oiirso in cvovy case of a first offence is far from the ease. Certainly the Court iof Appeal has not laid down any such ' do-trine.