FAILURE TO KEEP BOOKS

Taranaki Daily News, 10 June 1930, Page 11

FAILURE TO KEEP BOOKS

SENTENCE OF IMPRISONMENT AUCKLAND BANKRUPTCY CASE. COURT TAKES A SERIOUS VIEW. By Telpgraph.—Press Association. Auckland, Last Night. “There is something mysterious in this case, yet I am not satisfied that the jury or myself really understand what occurred in your bankruptcy,” said Mr. Justice Smith, in the Supreme Court this morning when sentencing Clarence William Bruce to six months’ imprisonment, without hard labour, for omitting to keep proper books or accounts three years before his bankruptcy, with intent to conceal the true state of his affairs. The sentence is to be concurrent with the sentence of three months which Bruce is serving in respect to another offence under the Bankruptcy Act. Mr. Jordan said that leave had been granted prisoner to apply for a new trial on the count on which he now appeared for sentence. “Prisoner has now written, stating that owing to lack of funds and his physical condition, he does not think that he can stand a new trial,” continued counsel. “Under those circumstances he would rather take the sentence of the court than appeal.” His Honour said he could not understand the prisoner’s desire not to proceed because of lack of funds, for in a criminal ease- the Crown was bound to go ahead, and the Court of Appeal would hear the application, even if Bruce did not appear, or was not represented. Mr. Jordan: I have advised him of the position. His Honour: What does he say.

Mr. Jordan: He says that, even under those circumstances he feels he cannot stand a new trial, and he would rather take the sentence on the present count. His Honour: Do I understand quite definitely that the prisoner declines to proceed. The prisoner: Yes. In sentencing Bruce, the judge said: “The court always looks with seriousness on any crime such as this. If a merchant fails to keep proper’ books he is acting dishonestly towards the business community. I must take the facts as they stand. I have conferred with the probation officer and find ymi are suffering from rheumatoid arthritis, and must take that into account in passing sentence.”