LAW REPORTS.

Dominion, Volume 2, Issue 563, 19 July 1909, Page 11

LAW REPORTS.

SUPREME COURT.

SENTENCES OH , PRISONERS. >J L , 'AN DNTJSUAL CASE OF ■ PROBATION. Having deferred sentence for a week on / John' James O'Conn&r (charged with forgery and uttering at Wellington on four occasions), his rionour Air. Justice Chapman i dealt Vith t« case on Satuiday morning. Mr. f. li. Wilford appeared on behalf of ' the prisoner. ,' ' 1 Hif Honour said that, after much consideration, he had formed the opinion that it was possible to admit tho prisoner to probation. ' Other judges and ho had occasionally allowed probation where there were two contemporaneous convictions. In this * case tWeio" were four convictions, and, ' naturally, one had to scrutinise them

ly, - closely. '"He attached a good deal of in portanoe to tho fact that the police Bpoko well of his family. 'This tonded to ensure that' Be would bo kept under family dis. oiplino, and Would take warning from tho fact that v ho had been before tho Court. On the first 'charge ho would be admitted to probation-'for two yeara, and on the others /he .would'W ordered'to come up for Ben.tenco'when called upon. He ■ would...be. required ;to_ enter into a bond of £50 to ensure his appearance'.'

.' . , "ROMANTIC IDEAS ABOUT CRIME." . 'JAMES HEMINGWAY AGAIN. , ,' James Hemingway, the young man who was recently sentenced to tiiree >ears' imprisonment, for., was brought before ■'*i nis" Honour Mr" Justice Chapman oh five .' other charges of'breaking and entering and , "theft.' Mr.,Wilford Baid that when tho prisoner had boon sentenced for theft from tho Government Printing Office, Whitcombo and To'mbs's, '■ and the'Goneial Post he (counsel) <had mentioned that prisoner had r been influenced by what might bo termed • exaggerated ego; he had become possessed of the idea that he was supreme as far as the commission of crime was concerned,'and \ that the police need not bo taken urw account. ' .' Mr. H. D. Bell, Junr.', who appeared for ', the Crown, said that some of the goods ,' which tho prisoner had declared he threw ' into Auckland Harbour had been traced to tho-possession of. his brother in Sydney. Therefore, it could not be said that he had ' mado a full confession. His Honour said that there might be a strong element of vanity in the prisoner, but the i outstanding feature appeared to be that ho bad deliberately chosen,the career of a pro--1 fessional burglar. Some,of the property nad been concealed, and they did not know how , much. Prisoner also had shown his cunning as a criminal in another way, whioh was equally 'remote from candour. His brother had been charged before i the magistrate . with participating in some of these oifences. The magistrate had seen fit to dismiss thoso charges, and, from the statements before | i bim, he had had no other course open. Tho priwraer had effectually cleared his brother, rightly or wrongly, but he bad mado a depository of him. He had, put his > brother to'the risk of a conviction, and this was a part of the cunning scheme by which he was covering up his offences. A certain' amount of candour had been displayed in his conduct, but fall disclosure had been made, not of all the offences, but of those- which had ■ been found out. "It is necessary," concluded'his Honour, "that 1 should pay at- > tention \to the' fact that you are not the only young man in New Zealand who has romantic ideas about crime. It is necessary and a part of my duty that I' should let ( all <these romancers know what an extremely expensive thing it is for anyone to enter deliberately -on 'a criminal career. > You' are sentenced to imprisonment for five t years, with hard 'labour, on each charge,' to be concurrent." ' ",'Ji'''i' I *C^ 4 ',t '"'L'f'i On the application, of *Miv Myers. Tu's Honour,ordered that £7 of the money found on the* prisoner," should be paid 'to' those who had Jost;"tb*wgh*"t£e*-thefts.'' M ""' '""'• "

breach of probation conditions. _ "The First; Offenders Probation 'Act is intended to .enable a person who has been '■guilty of a first offence to go at, liberty on condition that he'does not commit any other offence," said 'his 1 Honour, Mr.', Justice Cooper, whenr, sentencing John Thomas Driscbll. The prisoner had been admitted to twelve months' pronation on -May" 24 lastj when ,1 convicted 'oi theft. Subsequently, on 'June 14, he was sentenced to one month's hard. labour for theft. <- , - ~ - , His Honour referred. to . a letter which he had received'from the prisoner, stating that he had been,'ignorant of the terms of his probation, Two offences had been committed within 3/'shori space of time, and it was clear to his Honour that th'o prisoner had dishonest instincts." He would be sentenced to six months' imprisonment upon the 'charge on which he was originally admitted to probation.