PRISONERS’ RECORDS

Poverty Bay Herald, Volume LV, Issue 17408, 5 November 1930, Page 4

PRISONERS’ RECORDS

EFFECT ON SENTENCES COMMENT BY A JUDGE (Per Press Association.) AUCKLAND, last night. Definite views on the question of whether previous convictions should be taken into account when passing sentence on a prisoner were expressed by Mr. Justice" Hordrna'u in the Auckland Supreme Court yesterday. On behalf of a prisoner with a very bad record,' Mr. Noble quoted the recent decision of Lord Chief Justice Hewart in the Court of Appeal, in which he said : “This court has stated again and again, and now repeats, ■ that on passing sentence .regard 'must be given to the intrinsic nature of the offence proved. It is entirely wrong to send a man to a long, term of imprisonment or penal servitude merely because he had received a. heavy punishment at some other time for some other offence.” “We are not bound by those decisions,” said Mr. Justice Herdnian. “T do not agree with the,statement either, and I have no hesitation in saving so.” Wbli reference to the case, Ilis Honor added, that it was absurd to say he was not to take into consideration the man’s previous character.