Supreme Court GAOL SENTENCE IMPOSED

Press, Volume C, Issue 29500, 29 April 1961, Page 16

Supreme Court GAOL SENTENCE IMPOSED

Two Theft Charges Sentencing Sydney Julian Clarke, a workman, aged 31, to three years’ gaol on two charges of theft, Mr Justice Macarthur "expressly” warned the prisoner that if he offended again the consequences would almost certainly be a sentence of preventive detention (from three to 14 years’ gaol). Clarke was committed for sentence from the Magistrate’s Court at Invercargill on two charges of theft of cameras and goods worth £6B 10s, and a breach of his probation order. His Honour sentenced Clarke to three years’ gaol on each of the two theft charges and three months’ ■ gaol on the breach of probation charge, the sentences to be served concurrently. Clarke was not represented by counsel and said he had nothing to say when asked by his Honour why sentence should not be imposed on him.

Mr C. M. Roper, for the Crown, said the report from the Secretary of Justice took a lenient view in the light of the fact that Clarke had been twice warned that he was liable for preventive detention.

“Unhappily, you are no stranger to prison, and it would appear that for some time you have qualified for preventive detention,” his Honour said to Clarke. “You were warned by a Magistrate in 1956 and again in 1958 that you had so qualified. Had it not been for some information in the report from the Secretary of Justice, I would have felt compelled to sentence you to preventive detention.

“During your last prison sentence you showed improvement in your work and outlook, and there appears to be some hope a finite sentence will divert you from further crime.”

His Honour said that Clarke's record showed numerous offences against the rights of property but no offences against the person.