PLEA FROM THE DOCK

Taranaki Daily News, 29 October 1934, Page 7

PLEA FROM THE DOCK

PRISONER GIVEN CHANCE NOT DECLARED AN “HABITUAL.” HOUSE-BREAKING AT WELLINGTON. ARRESTS STOP AN EPIDEMIC. By Telegraph—Press Association. Wellington, Oct. 27. A brief but moving plea from the dock after counsel had spoken on *his behalf and as Mr, Justice Ostler was about to pass sentence upon him in the Supreme Court saved Mervyn Cudby from being declared an habitual criminal. With his brother, Arthur John Cudby, he appeared for sentence on five charges of .housebreaking, to which Arthur, near the end of the trial, had dramatically pleaded guilty on Thursday and on which Mervyn 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 house-breaking instruments. Mr. Justice Ostler, although having just previously expressed his intention of doing so, refrained from declaring Mervyn Cudby an habitual criminal and sentenced him to reformative detention for a period not exceeding four years. Arthur Cudby was sentenced similarly for 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 house-breaking in Wellington and that it had 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 he recently purchased a car to use as a tool in the trade of housebreaking.

...He did not like to declare a man an habitual criminal. In fact he always hesitated to do so and in the 10 years he had been a judge he had done it on only two occasions. However, 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 Cqdby appealed to His Honour not to declare him an habitual criminal 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 had finished passing’ - sentence Judge Ostler said that he would give Mervyn Cudby a chance, although he was not sure that he was not failing in his duty to the public.