SENTENCES IMPOSED

Wanganui Chronicle, Volume 83, Issue 39, 16 February 1939, Page 5

SENTENCES IMPOSED

PRISONERS AT WANGANUI PUNISHMENT FOR CRIME Sentences were imposed on prisoners yestrday by His Honour, Mr. Justice Reed, in the Supreme Court at Wanganui. Robert Wakefield Harris, aged 54, land agent and farmer, for failing to keep proper books of account as required by the Bankruptcy Act, imprisonment for one month without hard labour. Lena Clapperton, 68, domestic, for theft from a person, 12 months probation. Paddy Aka Manu, 27, dairy factory employee, for failing to stop' after a motor accident, ordered to come up for sentence within 12 months on condition that he pays the cost of the prosecution. £7 6s 5d within one month, in default three months imprisonment.

Bertie Maurice Cox, 17. sheet metal worker, and Gordan Alexander Lambert, 18, labourer, for breaking, entering and theft, three years’ probation on the usual terns and the special conditions : (It That they do not associate with one another during that term. (2) That in the first six months they are not out of their homes after 7 o'clock at night. (3) That for the first 12 months they do not enter a picture theatre or a billiard saloon. (4) That during the second and third years of probation they each find a sum of £l5 to make restitution of the value of property stolen, pay the cost of the damage done and the costs of the prosecution.

Richard Alexander Henry Malar 139. labourer, for forgery and utterin; 18 months hard labour.

Breach of Bankruptcy Act. | "1 have considered this matter ven I carefully,” said His Honour, in sen I fencing Harris for a breach of th< ' Bankruptcy Act. “What I have to b< concerned about is that, under th< Bankruptcy Law, the keeping o proper books of account is an essen tial matter. In sentencing you as . propose to do 1 have taken into consideration in your favour two facts The first, that failure on your part tc keep proper books was at a timi i when you were suffering great - j mental strain because of having losl i your money, and the second that the ’ ; jury, after considering the whole position, made a strong recommenda- ; tion to mercy.” Counsel’s Eloquence. "I would be quite justified in deI daring you an habitual criminal or I the long list you have,” declared Hi; Honour in sentencing Lena Clapper- - 1 ton. “However, tile eloquence ol your counsel (Mr. C. N. Armstrong) has moved me to leniency and 1 will grant you probation. I think I am making a mistake. However, you will be admitted to probation for 12 months on condition that you take I out a prohibition order.” i Mr. Armstrong's plea was based on ' the suggestion that accused had been i suddenly faced with temptation when a man, who should have known bel- ' ter, bought her a drink and display co >; a pocket-book with notes in it betorc I her. Although she did have a long ■ list of previous convictions, she hail I not been before the Court for the . , past two and a-half years. There had been no premeditation and what [ was done was because of sudden j temptation. The prisoner was wili- - ing to take out a prohibition order. Not an Ordinary Hit and Run. “Although this is a serious matter, ' this running away after an accident, there are circumstances in your case which enable me to take a more favourable point of view,' His Honour said, when admitting Paddy Manu to probation for not stopping after an accident. Manu's counsel, Mr. It. J. O'Uca, said that this was not an ordinary case of a hit and run motorist. It would be evident to His Honour that it must have been apparent to the accused that noboay had been injured. "At the same time 1 must make it clear,” His Honour said, “that a motorist has not the right to decide whether a person is injured or not. He is obliged to stop and inquire. Had any person been injured by tins man it would have been a far more serious matter. The probation officer ■ gives him an excellent report.'

1 Breaking, Entering and Theft. i Mr. C. F. Treadwell appeared for I Bertie M. Cox and Mr. V. B. Willis for Gordon Alexander Lambert. Mr. Treadwell submitted a testimonial on behalf of Cox from his employer. The only article stolen founu in Cox's possession was a pillion seat. Ever since the hearing in the Lower Court Cox had been back at work. Mr. Willis said that Lambert was, to all intents and purposes, a juvenile, and could be treated as such by His Honour. He had been at work sines he was 13 and had work to go to. His Honour’s remarks when sentencing these two prisoners appear on page six. Had a Long List. Richard H. A. Malam had nothing to say when he appeared for sentence for forgery and uttering. “You have a long list and there is only one place for you,” His Honour said. “That is in gaol.”