MANY OFFENCES

Southland Times, Issue 22464, 29 October 1934, Page 9

MANY OFFENCES

BROTHERS SENT TO GAOL. “PREYING ON SOCIETY.” (Per United Press Association.) Wellington, October 27. A brief but moving plea from the dock after counsel had spoken on his behalf and Mr Justice Ostler was about to pass sentence upon him in the Supreme Court saved Mervyn John Cudby from being declared an habitual criminal. With his brother, Arthur Cudby, he appeared for sentence on five charges of house-breaking to which Arthur, near the end of the trial had dramatically pleaded guilty on Thursday and on which Msrvyn was found guilty by the jury. This morning each pleaded guilty to four other charges of house-breaking and to a charge of having been found unlawfully in possession of housebreaking instruments. Mr Justice Ostler, although having just previously expressed the intention of doing so, refrained from declaring Mervyn an habitual criminal and ordered reformative detention for a period not exceeding three years. Arthur Cudby was sentenced similarly for a period not exceeding three years. The Crown Prosecutor pointed out that there were 24 previous convictions against Mervyn Cudby.

Mr Justice Ostler referred to the fact that there had been an epidemic of housebreaking in Wellington and that it had ceased immediately on the arrest of prisoners and that the police had prepared evidence in fifty cases against them. He said Mervyn 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 his trade of house-breaking. He did not like to declare a man an habitual criminal. He always hesitated to do so and in the ten years he had been a judge had only done it on two occasions. It seemed to him that he would be 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 Honour not to declare him an habitual this time, but to give him one last chance. In reply to his Honour, he said that if given a chance he would make up his mind to give up crime when he finished his sentence. Mr Justice Ostler said he would give him a chance, although he was not sure he was not failing in his duty to the public.