COURT HOLDS SENTENCE NOT EXCESSIVE

Chronicle (Levin), 12 September 1946, Page 8

COURT HOLDS SENTENCE NOT EXCESSIVE

— Press Association

APPEAL BY ONE OF BULLS BANK ROBBERS

By Telearavh-

WELLINGTON, Sept. II. Tlie Court of Appeal tliis afternooii coiisitlered. tlio appeal of Kaymoiul Edward Mclntosh (Mr. A. M. Ongley). of Palmerston North, from the sentence of iive years' reformative detentioi. imposed by tiie Supreme Oourt at Palmerston North in April last, for llu part taken by prisoner in tlie robber_\ of a bank at Bulls and other off'enees connected therewith. At tlie same tiint prisoner had l)een senteneed to euinula tive terms amounting to oue year auo t'our months for earlier oll'ences. Mr. Ongley, on behalf of Mclntosh said prisoner was oue of a group oi tliree young nieii who lield up tlie banK at Bulls, armed with two revolvers am one titen gun, though tliev had had no ammunition for the Sten gun. Tliey had not intended to use the lirearms in any circumstances al though one man Burke, had Jired a shot wide and no body was injured thereby, said Mr. Ongley. Mclntosh did not iire his revolver. Mr. Justiee Callan: The evidenee is that he hit a man with a revolver al though he did not fire it. Mr. Ongley: There is no evidenee lliat he struck with the revolver. Mr. Justiee Callan: Ile struck the man with sonie implement at a time wlien he had the revolver and no other implement in his hand and nothing else. Tliat is fairly strong evidenee tliat he struck him with the revolver. Mclntosh had been senteneed to a lotal of six years four months, said Mr. Ongley, whereas the other men had been senteneed to five years and two years respeetively. True Mclntosh had served a teriu in Borstal but he was onlv 23 years of age, married with one child, arid a good worker in the trade oi motor-mechanic. He had also worked as a freezing worker and had a good reeord though he was probably receiving greater wages than were good for him. "If he serves the full terni he will be 30 years of age when he eomes out of gaol, " conchided Mr. Ongley. Mr. Justiee Callan: It is ditticult to point to any other or similar case as serious as tliis, having oceurred in New Zealand before. Mr. Ongley: There has been nothing simHar to this that I know of. Mr. W. A. Harlow, for the Crown. said the whole scheme had been designed with considerable skill and dangerous boldness. Accused, in his statement, had spoken of a desire "to get into a decent sized job and get the liig money". Prisoner was the eldest of the tliree and everything pointed to his having been the ring-leader. He liroke into the A.T.C. lmilding ai Wanganui and stole the >Sten gun and he had devised the scheme of stealing two ears from Wellington and changing the number-plates. Besides, the money received by Mclntosh had not lieen rocovered although that of the other robbers had been found by the poliee. The Court might take the view. I'ontinued Mr. Harlow, that the sentences imposed were irregular in view of a recent reported decision wliere it had been held tliat a period of reformative detention could not be imposed by itself as sole punishment for one offence, to commence upon the expira tion of a term of imprisonment imposed for a different offence. If the Court were to find such an irregularity, it was asked to amend the form of sentence while leaving the length of the term to stand. The Chief Justiee, Mr. O'Leary, said if the Court wished to hear argument on the legal aspects, counsel would be advised but the Court wished to state innuediately and publiclv that, in view of the nature of the offence and eareful planning, and the fact of being armed with letlial weapons, the Court was definitely of opinion that the sentence of Mclntosh was not excessive. Decision was reserved.