PROBATION GRANTED

Wanganui Chronicle, Volume 87, Issue 41, 19 February 1943, Page 3

PROBATION GRANTED

OFFENCE AGAINST GIRL

Found guilty, with a strong recommendation to mercy, by a jury, this week, in the Supreme Court, Wanganui, of unlawful carnal knowledge of a girl aged 13 years 11 months, Lynleigh Edward Kiernan, soldier, aged 18, was admitted by Mr. Justice Smith to two gears’ probation when he appeared for sentence yesterday. The jury’s recommendation was no doubt based on the fact that the girl lent herself to the occasion, said His Honour. She was, therefore, a contributing cause to the offence. His Honour emphasised that if parents failed to keep girls under 16 years of age under strict control they were neglecting their duty. Mr. C. H. Clinkard, who made a plea for leniency on behalf of prisoner, said that from the remarks made by the foreman of the jury it was apparent that a certain amount of temptation had been placed before this young man. Counsel suggested that it would he better for prisoner to remain in the Army than serve a term of imprisonment.

“Both the police and the probation officer recommend probation,” said counsel. “Prisoner has already had two short periods in gaol and this should be a lesson to him.” Counsel also handed His Honour testimonials.

“The letters show that during the past two years you have been a conscientious worker,” said His Honour, who added that in admitting prisoner to prooation he would impose two special conditions.

Subject to Army orders, prisoner’s place of residence and employment must be approved by the probation officer. The use of his leisure time must also be’approved by the probation officer.

Prisoner was also ordered to pay the costs of the prosecution, £9, within the period of his probation.