PROBATION ACT.

Wairarapa Daily Times, Volume XXIX, Issue 8037, 9 January 1905, Page 7

PROBATION ACT.

Judge Williams' Views.

Mr. Justice Williams made some remarks on the question of probation at Dunedin last week, when John Jardine, •a signalman, convicted of embezzling the funds of the Railway Employes' Benefit Society, was brought up for sentence. The usual appeal for probation was made by counsel for the prisoner, on the grounds of previous good character. His Honor said: A person is not to probation if his offence mdi■- * cates, in the opinion of the Court, an established criminal intention on his part. I think that is established here. The transactions .extended over six years, and in order to facilitate and -conceal his thefts four times during these ■six years accused had made false statements in writing with respect to his accounts. That seems to me to indicate an established criminal intention on his part in connection with which he is charged. The fact that accused has had a good character is really hardly an elemeDt in a case of tbe present kind, because if he had not had a good character he would not have been placed in the position of trust in which he was placed. A person who is placed in a position of trust, and embezzles, really makes use of his good character to facilitate his committing a crime. I don't think it is a case for probation, but at the same time I can quit 6 see that accused was exposed to great temptation, and I don't want to condemn the auditors without hearing them, but from what has come out in Court, and from what -one can see, if reasonable precautions had been taken he would have been at once found out, and tbe matter would not have gone on for so long, and the society would not have lost such a large amount of money. The object of all punishment is to prevent crime. In the public interest it is really necessary that a person who commits an offence of this kind should be punished, and he should not expect to obtain probation. To allow probation in a case like this would be simply to encourage a man, who might say, " I will not be found out, and if I am I shall not go to gaol, so I will help myself to tbe property of those who have trusted me with the care of it."