MOVING PLEA

Poverty Bay Herald, Volume LXI, Issue 18539, 27 October 1934, Page 6

MOVING PLEA

PRISONER’S APPEAL

ANOTHER CHANCE GIVEN (Per Press Association.) WELLINGTON, this day. A bvief but moving plea from the dock after counsel had spoken on his behali and Mr. Justice Ostler was about to pass sentence upon him in tho Supreme Court saved Mervyn John Cudby from being declared an habitual criminal. With his brother Arthur, Cudby appeared for sentence on five charges of housebreaking, to which Arthur Cudby, near the end of the trial, had dramatically pleaded guilty on Thursday, and on which Mervyn John Cudby was found guilty by the jury. This morning each pleaded guilty to four other charges of housebreaking and to a charge of having been found unlawfully in possession of housebreaking instruments.

Mr. Justice Ostler, although having just previously expressed his intention of doing so, refrained from declaring Mervyn Cudby an habi.tual criminal and ordered reformative detention lor a period not exceeding four years. Arthur Cudby was sentenced similarly, to a period not exceeding three years. The Crown Prosecutor pointed out that there were 24 convictions against Mervyn Cudby in 19 years. Mr. Justice Ostler referred to the fact that there had been an epidemic of housebreaking in Wellington and that it ceased immediately on the arrest of the prisoners, and that the police had prepared evidence in 50 cases against them. He said that Mervyn Cudby had made up his mind to live by preying on society, instead of working; and apparently for that purpose had recently purchased a car to use as a tool in 7ns trade of housebreaking. He did got like to declare, a man an habitual criminal, and always hesitated to do so. In the 10 years in’ had been a judge lie had only done it 011 two occasions. It seemed to him that lie would' he failing in his duty to the public if he failed to declare Mervyn Cudby an habitual criminal. At this point' Mervyn Cudby appealed to His Honor not to declare him an habitual criminal this time, hut to give him one last chance. In reply to His Honor, lie said that- if given a chance lie had made up his mind to give up crime when lie finished his sentence. Mr. Justice Ostler said that he would give him a chance, although lie was not sure that he was not failing in his duty to the public.