LAW REPORTS.

Dominion, Volume 6, Issue 1694, 10 March 1913, Page 3

LAW REPORTS.

SUPREME COURT. t i (Before His Honour Mr. Justice Chapman.) t • < PRISONERS SENTENCED. J YOUNG GIRL INCENDIARY. j A DIFFICULTY IN THE LAW. . j i A curious point in criminal law was ' raised in tile Supreme Court on Saturday , morning when Jlr. Justice Chapman was ( passing sentence on Ivy Myrtle Strong, i a girl 16 years of age, who recently plead- < ed guilty to a charge of arson—setting fire ' to the Presbyterian Girls' Orphanage at j Karori. His Honour, on account of the ; peculiar wording of the. Act, could not i commit the gin to an industrial school without hrst sentencing her to imprison-, meat. t . . ' Air. H. H. Ostler, who appeared for the } Crown, stated that the homo at Karori ; where the girl had committed the offence j was a private home, where siie had been | sent because' her parents had no' control j over her. Previously the girl had ex- ; hibited a propensity ior setting places on* ; lire. Counsel suggested that the best , method of dealing with the case would be | to commit the girl to the Te Oranga i Home, an industrial school for girls. His Honour observed that the caso of ] the girl suggested something amounting to i a mental defect. It was always possible, he said, that it might bo. a phase of i adolescence, and might wear away in time. .... Mr.' Ostler pointed out a difficulty in connection .with the-law. The girl was 'over 16 yetflrs of age,\ and the trouble was that the Act did not provide for her reception, in the reformatory, institutions specified, by the simple committal of a Judge, except in the case of girls under 18. The order of the Governor was, required either in lieu of sentence or after a term nf imprisonment had been served. The only course, apparently, was to impose sentence, and leave it to the Governor to make an order for detention, which would be until the girl was 21 years of age. His Honour, after consulting the Act, agreed that counsel's view was correct. He explained to the girl that for such an offence as she had committed she might have been sentenced to be locked up for years. He proposed to sentence her 10 'three months' imprisonment only, with a recommendation that her case should be brought under the notice of the Governor, who would no doubt order her detention in an industrial school until she was 21 years of age, when she would no doubt have more sense. On Mr. Ostler's suggestion, his Honour directed that, the girl should be kept apart from other prisoners. ■ His Honour added that an amendment of the Act was desirable in order that in future similar cases a Judge might commit ai girl to an industrial school without imposing scnlence of imprisonment.

YOUNG HOUSEBREAKER. AND SOME FAMILY HISTOKY. Francis Henry Gordon Guilford, 21 years of age, was brought up fot sentence 011 certain charges of housebreaking, to which he had recently pleaded guilty. Mr. O'Leary, who appeared foi the young man, said that probation could not be asked for,' as Guilford had pre- . viously been convicted of three charges of theft, and sent to the Buniham' Industrial School. Since coming from there lie had earned 30s. a week at the book- . .binding trade, and v liadcontributed to " the support of his mother. Counsel suggested that his Honour might defer sentence, and give the young '.man. a chance *! 4o see'i'f he could obta:in'.':«jiip.W'yiiiciitV aid : get back on the straight .road again. •Mr; Ostler informed bis .Honour thai; ; Guilford's,, brother - had'gone, mad 'in gaol' while serving a sentence'for, a serious offence, aiul.\ a sister .'of- the ■ prisoner had been' Sentenced for theft. • . • . His Honour did not think that tins was a case that could be controlled.merely by suspending a "sword of Damocles' over the prisoner. 'In many cases that. had oeen found most effective, but -it would riot likely bo so in this case. Prisoner had gone about these crimes in characteristic fashion, and' it appeared as if lie needed detention' for '-reformative treatment. A sentence of two , years' detention for this purpose was imposed, his Honour, recommending tho Invercargill Prison, without making any definite order. MAGISTRATE'S COURT. N (Before Mr. W. G. Eiddell, S.M.) THEFT OF BAG AND BOOTS. At the Magistrate's Court, before Ml. Vi. (J. ltiddell, S.M., on Saturday, a young man named Edward Bentley pleaded guilty to charges of stealing a Gladstone bag and contents, valued at .£4 10s., and' a pair of boots, valued" at 255. ■ The prisoner was remanded till March 13 for sentence. CHAKGE OP THEFT "WITHDRAWN. The charge of theft of a garilen hose, which was preferred against Andrew Ozsen some days ago, was withdrawn, on the application of Chief-Detective Broberg. ■ INSOBKIETY. Four first offenders on charges of insobriety were convicted and discharged. Two were ordered to pay medical expenses, amounting to 10s. Gd., and i'l 18s. 6d. respectively', and another was fined 65., in default twenty-four hours' imprisonment. •