BORSTAL SENTENCE ON GIRL QUASHED

Press, Volume C, Issue 29513, 13 May 1961, Page 14

BORSTAL SENTENCE ON GIRL QUASHED

A girl sentenced on March 15 to Borstal training on seven charges of false pretences had the sentence quashed in an appeal heard before Mr Justice Macarthur in the Supreme Court yesterday. She was released on probation for three years, and was ordered to pay £5O restitution to two city firms. The girl, Judith Maureen Carberry, aged 17. a shop assistant, was jointly concerned with another girl, aged 20, in the seven offences. They related to the acquisition of goods from J. Ballantyne and Company, Ltd., and Beath and Company. Ltd., by the false representations that the girls had authority to charge the goods to the credit of customers. The value of the goods was more than £lOO. Both Carberry and her companion had been sentenced to Borstal training for the offences. Mr J. Downing, of Wellington. appeared for Carberry and Mr C. M. Roper represented the Crown. The appeal was on the ground that the sentence was excessive in view of the circumstances of the case and Carberry's previous character. Mr Downing said. Carberry’s partner in the offences had previous convictions for being found unlawfully on a ship, theft, and drinking in a hotel when under age. Carberry, who was three years younger, had never been in trouble before the present offences. "The cause of the offences was the unpleasant influence of the older girl on the appellant.” Mr Downing submitted.

Mr Roper said Carberry’s case was unusual in that Borstal training was imposed on a first offender. However, Carberry apparently was in need of discipline. The probation officer’s report recommended probation for her, “but did not hold out any great hopes.” The offences were initiated by the older girl, but Carberry had been a willing party, said Mr Roper.

His Honour said it was apparent that Carberry’s association with the older girl was bad for her. "It is my view that this young woman should be given a chance to reform. There is no reason to show why she should not be able to keep out of trouble in future with the necessary effort,” his Honour said. Sentence Upheld A sentence of a year’s imprisonment imposed in the Magistrate’s Court on April 24 on Brian Dudley Churcher aged 29. for three shopbreaking offences was upheld. The appellant, represented by Mr G. R. Lascelles, had pleaded guilty in the Magistrate’s Court to breaking and entering and theft from the Clarendon Hotel. Armstrong and Company. Ltd., and Higgins store. Mr Lascelles said the offences were committed after Churcher had been drinking, and “in one short burst of under 24 hours.” They were not characterised by any great degree of planning. Another man who was hard pressed for money at the time was the instigator, said Mr Lascelles. He asked his Honour to take the view that the offences were not calculated criminality. Mr Roper said the value of goods taken was £2OO. Churcher appeared to have learnt little from a previous term of imprisonment. The maximum penalty for shopbreaking and theft was 14 years* imprisonment, so that the crime was regarded as very serious, although the circumstances of each offence were taken Into account when assessing the penalty, said his Honour. He said Churcher had served a long prison term for another offence, but did not seem to have learnt that he must keep away from his criminal associates. The latest sentence was not excessive. "Appropriate” A sentence of Borstal training on Colin James Davey, aged 17, on charges of committing arson at Xavier College on January

6. and receiving a stolen transistor radio was entirely appropriate, his Honour said. He dismissed Davey’s appeal against sentence on these charges. Davey made no appearance, and was not represented by counsel. Davey was sentenced to Borstal training in the Magistrate’s Court on April 24. His Honour said the appellant had previous convictions and had been committed to the care of the Child Welfare Division several years ago. Corrective Training It was expedient for Clarence Desmond Sunbeam’s reformation, and the prevention of crime, that he receive corrective training for a substantial period, said his Honour when dismissing an appeal by Sunbeam, aged 21. against his sentence of corrective training on three charges of theft. Mr G. T. Mahon, for the appellant, submitted that a shorter term of imprisonment. sufficient to act as a deterrent and followed by probation, should be substituted.

Sunbeam had been sentenced to corrective training in the Magistrate’s Court on March 30. The three offences were theft of goods from the East Eyreton Hall, theft of a. fishing rod and leggings from a private garage between East Eyreton and Kaiapoi, and theft of a rifle from a farmer’s shed at Coutts Island. Mr Mahon said Sunbeam had played a minor part in the first two offences. He had been opossum shooting with a companion. Butler, aged 30, and it was Butler who had stopped his car and entered the properties first. Sunbeam had only followed Butler into the premises and helped to carry the goods to Butler’s car. The theft of the rifle was impulsive rather than planned.

Sunbeam was very immature and was of limited intelligence. It appeared from his short history of offences that he was easily led into trouble rather than a leader. It was through this weakness that he had some difficulty in asserting his knowledge of what was right, Mr Mahon said. His Honour: If that is so is not corrective training the very sort of thing that will do this man most good?

Mr Roper said Sunbeam had received fair warning that he was eligible for corrective training when he was sentenced for other offences last December.

His Honour said the present offences were committed less than three months after Sunbeam had been placed on probation last December.