Up Hill and down Dale.

Waipawa Mail, Volume X, Issue 1022, 14 December 1886, Page 3

Up Hill and down Dale.

WHEN JUDGES DIFFER WHO SHALL DECIDE, livening Preen. That wonderful piece of sentimental legislation, the First Offenders Probation Act, is already fulfilling tho predictions of its opponents in a very striking manner. its effect is so capricious and absurd that its most enthusiastic admirers surely cannot defend it. At Napier a man named Hill pleaded guilty to seven charges of stealing post letters. The Chief Justice gave him the benefit of the Probation Act, and placed him under surveitlnnco for two years on one charge, and let him off on tho others. At Invercargill, on the same day a limn named Dale pleaded guilty to four charges of stealing post letters. Mr Justice Williams sentenced him two years’ hard labour on each charge sentences to run concurrently. It was “ out of the question” ho said, and would never do,Jto give a man licenso to commit a crime once with comparative impunity on account of his previous good character. Now, who is right, Judge Williams or Chief Justico PrendergastV What ono says is “out of the question,” not to bo thought of, altogether wrong and preposterous, tho other thinks quite right and proper, and acts accordingly. Thcro wnH no difference between the two cases, or if there were any difference, it was in favor of Dale with his four thefts as against Hill’s seven. Yet, Dale is condemned to two years’ imprisonment with hard labor, while Ilill is allowed to go free, and is merely placed under police surveillance, whatever that may signify. How can such inconsistency possibly bo justified? Either a gross and wicked injustice has been inflicted on l>!ile, or there has been a flagrant miscarriage of justico in the case of Hill. We maintain that this amounts to a public scandal and In ingH the administration of justice into'public contempt. There have, we know, been startling instances before of Judges differing widely aN tc tho measure of punishment to bo awarded foi particular crimes ; but that is a matter of individual option within limits prescribed by law. Here, however, is an Act under which ono Judge dispenses with punishment altogether whilst another Judge inflicts a terrible severe punishment Imprecisely the same circumstances. And this may happen and probably will happen at every Supremo Court session. The Governor ought to bo advised immediately to remit tho sentenco parsed on Dale, or else Hill ought to bo called up for sentence on a second charge and condemmed to two years’ bard labour; and after that tho Judge ought to come to an agreement to ignore tho First Offenders’ Brobabation Act altogether for the future ; and, on tho meeting of Parliament, tho Minister of Justice ought to introduce a Bill to repeal that Act, and carry it through all stages with tho least possiolo delay