LAW REPORTS.

Dominion, Volume 1, Issue 182, 27 April 1908, Page 9

LAW REPORTS.

SUPREME COURT. CRIMINAL JURISDICTION,. Mr. Justico Chapman, held a sitting of tho Supremo Court in its criminal jurisdiction on Saturday morning. , A GRAVE OFFENCE. "William Larrabce, who had been committed for sentence op. a charge of having committed incest at Taihapc, was sot forward. Mr. Wilford, on behalf of the prisoner, stated that ho could .say nothing 'in extenuation or mitigation ■ of tho offence, which was a fearful crime. Ho had, however, been instructed by residents of Taihape to ask tho Court whether it would not'bo advisable.to liavo the prisoner examined as to his mental capacity prior to sentence being passed upon- him. Such a course, would, it was submitted, be in tho interests of tho proper imposition of punishmentMr. ilyei-s, oil behalf of tho Crown, said tho real question was: In.what condition was t|io accused when he committed the offence? The police were uimware of any circumstance that tended to-.indicate-abnormality.. Mr. Myers reminded His Honour thi\t the accused had pleaded guilty, and 'that that plea could not be withdrawn. i His Honour: A parson who was really insane might be called upon to plead,' It is a most'exceptional tiling to have the. suggestion of insanity in connection with . this crime. Cases certainly do occur in which sexuajisni appears in such crimes. I would like to point out that tho function oF. the Court is to protect society, not merely to punish crime. I shall not give any direction, but postpone sentence'.for a week or so. If Counsel receives more definite information, ho can file affidavits.- As yet there is no evw denco of insanity. -I shall not order a medical oxaniination, lint' shall expect tho . gaol surgeon to see the' prisoner and form , some opinion - of his mental 'condition; Mr. Wilford thought that tho examination was _ono f<y experts., . His' Honour -. Tho greater part of the prisoners who pass through tho hands of'a-gaol surgeon have 1 some , abnormality, and,- (ilthough those officials may not be--in the. fullest son.se specialists, still they have-as arule a : good knoivledgo of tho subject-; . . Mr, Wilford held -tbqt symptoms present in the ahscnco of the gaol surgeon might ei, capo notice. . i His Honour: Tho. warders may bo -relied 'upon to report I .anything unusual about, a prisoner. As an inspector' of asylums for 'fifteen years, I know how much ail hospital staff may ho relied on. 1 . ' Counsel: JJut. they' pro experts ? ' His Honour: Yes, in a sense. I shall postpone sentence until Monday', May 4. PROBATION GRANTED. John Edward. Moody, who had .pleaded, guilty to a chargo of forging a cheque for £10, purporting'to'be drawn on R. MjGaffin, and uttering tho samp at tho Albert Hotel,. Hastings, was.tho next prisoner presented for ' • j Mr. AVilford, - ■' (in behalf of the'prisoner, .submitted that.the case was one in, which probation might., bo',.- granted. HoTead a number of testimonials as-to tho good character borno by tho prisoner prior to the coiumittal of tho offence. Mr. Myers intimated that nothing else was known against tho prisoner, who would, it was understood, have no difficulty in obtaining employment.', ; , - |, ... . ' . Mr. AVilford stated ■further that drink, was responsible for tho offence. ' ; - :' His Honour: I think that I can grant probation in this caso. difficulty about it is that' cases of, forging cheques: are - becoming extremely common. It is clear that this particular form of crime is' on the inI shall look at this case as an isolated offence committedi by a ; man other-, wise'of good character. ' The prisoner will be placed oil probation;for two years, on condition that lie pays'£s ; in - live monthly-iiistal-mcnts; towards the- costs.of,the prosecution;, K 1 . SENTENCE OF TWO YEARS.. George who had in the Magis-' trat-o'.s.iCourfc at Masterton' admitted' havingforged a cheque for £6 35., and- uttered the .same to Henry,Jackson,'ptorel;oeper,..Mastertpn, \yas then placed in the dock.' - ' Asked whether liehad' anything to : say why sentenco. should not bo passed upon liiiu, prisoner; asserted !;tliat' he was: drunk at the time ho committed the/offenco. ' _ His ..Honour (addressing • prisoner) said i ipnr record is a very bat] one! There aro five previous convictions against' you; but I. Shall take into '• consideration '-that threo. whjch were, committed tho same time, may .be -treated practically, as' one offence. Drunkenness ia :no answer to-the : offence, which required a little thought'on your part.' 'Next time you come beforo the 'Court you will bo liable to bo made the'subject ! of an indeterminate sentence.: You must bear in mind that it would be much bettor: for you uot t0,,-take - drink if you canuot restrain yourself whilst under its influence'. I shall sentence you to v.two 1 years' imprisonment with hard. labour;, and order the money fo/md upon you to be restored to its rightful owner.' . . ■ .

■ A FINAL CHANCE. .John ; M'C6rmach, a young man, ')v]io had pleaded guilty to having been concorned' in thp'Hhcft 'from a barmaid's bedroom at the Palace Hotel of a ring 'vahied at £2 .1 'j.-:., was also '■ sentenced.Mr. Neavo asked the Court''to deal as leniently as possible with tlio prisoner. ... ... ' Mr. Myers pointed out that the Probation Officer's, report was. unfavourable: as to general character and. associations. V '7' His, Honour: I prefer if possible to give a young fellow a chance. The ;pris r mpr !,as boon convicted once of 'threatening behaviour. .: Although, the probation officer's Report is not'satisfactory, still it is not 'i>.olr as to obligo mo to refuse probation. If the prisoner find himself in Court, again, it, will be ti very sorious matter for ,him. My'advice to him is to get steady- work, t.iirl contribute. regularly to : tho ' upkeep' of i his mother's homo.! He will be placed on probation. for. three years. . '• v ■ •