SECOND CHARGE

Bay of Plenty Beacon, Volume 2, Issue 144, 8 April 1940, Page 5

SECOND CHARGE

SUPREME COURT APPEARANCE OF TWO YOUTHS COMMENT BY JUDGE Following Hie arson charge preferred recently in the Opotiki Court against two young men, the second count of breaking and entering, to which they Lad pleaded guilty at the preliminary hearing, was heard in the Supreme Court at Gisborne on Thursday before Mr Justice Callan. The accused were Robert John Pennell and Ronald Horace Russell. Counsel for the prisoners, Mr T. S. Wauchop, said that, while he did not wish to detract from the seriousness of the "crime, it was the result of a prank arising out of their stupidity. The age through which the young men were passing was an irresponsible one and more so because of the large number of troops who had been on leave at '.Lv time. Spy Rumours. In most places stories were current of spies and Communists,, and such rumours were going about regarding the proprietor of the premises which the young men invaded. They had attended a dance to fai'ewell a number of men on leave, and leaving at 1 a.m. they were both to some extent under the influence of liquor and the stories they had heard, while the liquor dulled their discretion. They had shown no criminal tendency, and the crime had been committed without premeditation . "Disturbingly Prevalent." His Honor said that the probation officer did not recommend probation, and the business of irresponsible youth breaking and entering places was becoming disturbingly prevalent in New Zealand of late. A charge of arson had been put aside by the lower court and rightly so„ His Honor considered, but it seemed that the fire which occurred was caused by the prisoners using the electric cooking appliances. Two years' probation was granted. The accused were prohibited, but the order is not to apply if either enters a military camp or serves overseas. Each was ordered to pay by in-i stalments not more than £100,, to be divided between the insurance companies which suffered by the crime, If either is accepted for military service overseas the probation officer is to secure an allotment from their military pay.