SENTENCES FOR BURGLARY

Taranaki Daily News, 17 February 1933, Page 11

SENTENCES FOR BURGLARY

PROBATION FOR TWO YEARS. THEFTS FROM TARANAKI STORES. Having pleaded guilty in the lower Court to a series of crimes in North Taranaki involving breaking entering and theft from stores, Harold Stanley Lower and Phillip Charles Saxton were yesterday each admitted to probation for two years by Mr. Justice Ostler. A condition was that they should make full restitution and should pay the costs of the prosecution (£3 2s 8d) within three months. “I hope neither of you will ever again appear before the Court on a criminal charge,” said his Honour. Lower was a married man 29 years old, with three children, the youngest of whom was 15 months, said Mr. J. H. Sheat. Up till a few years ago he occupied a decent position in the Feilding district. This he lost partly in consequence of a fire that caused the loss of all his belongings. Though he received insurance money it did not last long because he was out of work. He obtained work on a Public Works job out of Wanganui, but this failed him and for a considerable time he was on relief work at . New Plymouth. This series of unfortunate crimes could be directly attributed to the want his family suffered through the small amount he earned as a relief worker. He was subject to ill-health and as a result lost a certain amount of time. This was no excuse for crime, but counsel advanced it as some explanation of what had taken place.

Most of the goods had been recovered and returned to the owners, proceeded Mr. Sheat, and restitution for the balance would be made. Restitution had been made possible through the action of Saxton, who had a small insurance policy. He had instructed his solicitor to borrow on this or obtain its surrender value, whichever was found to be the better course, and devote the proceeds th the payment of restitution. “I ask your Honour to place that greatly to the credit of Saxton as a recognition by him of the part he had played with Lower in carrying out these offences,” said counsel. POSSESSION OF MOTOR-CAR. Lower had a motor-car, continued Mr. Sheat, and this seemed to have played some part in the commission of the offences. Lower realised he could not possibly continue to run a car and he 'had authorised counsel to dispose of the car in any way he thought fit. Lower had signed an authority in this connection. Mr. Sheat said he recognised the Courts had the greatest difficulty in dealing with cases of this kind, and that it was asking a great deal to suggest probation. He submitted there was no evidence that either man was a professional criminal. If the purpose of punishment was reformation counsel knew of no better way to achieve it than by probation under such a probation officer as the one at New Plymouth. Council was not familiar with the officers in other places, but his Honour knew the officer here, and Mr. Sheat was sure he would agree that the local officer was a man of wide understanding and humanity under whom any man would be reformed if he were capable of reformation. Counsel therefore asked that probation should be extended to the men. If that were done they would not be together again in this town. Saxton would be taken to the South Island, where he would be . looked after. Therefore, if it had had anything to do with their crimes their association would be broken if they were granted their liberty. Council concluded by asking a chance for Lower to rehabilitate himself ’and again become a decent citizen. . Mr. F. S. Grayling, who appeared for Saxton, associated himself with Mr. Sheat regarding his plea for probation. Saxton, he said, was also a married man. He was 30 years of age and had three children, with another one coming shortly. He was the son of one of the oldest and most respected, families in the Nelson district. He had spent three years at Nelson College, followed by eight years on his father’s farm, and 41 or five years with the Shell Oil Company. Counsel mentioned the last position because the Shell Company required the very highest standard of character from all its employees, and the fact that Saxton served the company so long spoke well for his conduct. REGISTERED AS UNEMPLOYED. After leaving this position he came to New Plymouth, where he was employed as a land salesman. However, owing to the prevailing conditions there was no business offering and he was forced to register as unemployed. His Honour would realise that the amount received by relief workers was small and that there would be a temptation to the men. That was no excuse and Saxton did not offer it as such. He was very sorry for ’

the disgrace he had brought on himself and his family.

Arrangements had been made for him to leave the town immediately should he be granted probation. His father was at New Plymouth at present and would take him away. Saxton had three offers of employment. The present intention was that he should go to a farm belonging to an uncle in the Sounds district and later to the Stoke district to his father’s farm. The father had given Iris assurance that there would be no further trouble. The wife and family had already left the town. There was no chance of the two men associating, and in the circumstances counsel asked for the extension of probation'. Mr. Grayling said he had in hand £7 (about half of the loss suffered by the Omata storekeeper) and he proposed to pay this in.

His Honour: What was the total loss?

Mr. Grayling: About £l3 or £l4. Counsel added that he had. already made arrangements to obtain the . surrender value of the insurance policy and

Saxton had instructed him to use the proceeds to make restitution. His Honour: What is the amount of the surrender value?

Mr. Grayling: Twenty-five pounds, less £7 for an unpaid premium. His Honour, addressing the prisoners, said it was a strong thing for counsel to ask for probation for a series ot charges of breaking and entering, especially when the offences were committed with the aid of a motor-car. His Honour recognised, however, the want the men had been reduced to in supporting' their families. It would be a pity to see these young men turned into criminals, and his Honour agreed with counsels’ suggestion that they'should be admitted to probation.