PENALTY FOR HOUSEBREAKING

Wanganui Chronicle, Volume 77, Issue 256, 29 October 1934, Page 9

PENALTY FOR HOUSEBREAKING

TWO BROTHERS SENTENCED. PLEA FROM DOCK SUCCESSFUL. [ Per Press Association J WELLINGTON, Oct. 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 Cudby from being declared an habitual criminal. With his brother, Arthur Cudby, he appeared for sentence on five charges for housebreaking, to which Arthur, near the end ©f 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 housebreaking, and to a charge of having been found unlawfully in possession of housebreaking instruments. Mr. Justice Ostler, although having just previously expressed his intention of doing so, refrained from declaring Mervyn. an habitual criminal and ordered 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 housebreaking in Wellington, and that it had ceased immediately on the arrest of the prisoners, and the police had prepared evidence in 50 cases against them. He said that Mervyn had made up his mind to live by preying on society instead of working, and apparently for that purpose 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, and always, hesitated to do so, and in the ten years he had been a Judge he had only done it on two occasions. It seemed to him that he would bo 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 criminal this time, | but to give him one last chance. In reply to His Honour he said that if given a chance ho would make up his mind to give up crime when he had finished hi?, sentence Mr. Justice Ostler said that he would give him a chance, although he was not sure that he was not failing in his duty to the public.