SEXTON'S CRIME

Evening Post, Volume CXXV, Issue 22, 27 January 1938, Page 11

SEXTON'S CRIME

FAILURE TO ACCOUNT

IMPRISONMENT IMPOSED

Remarking that cases of misappro-1 priation of employers' money had been quite common and that. the Court could not differentiate among them m the penalties imposed, Mr. Justice. Blair, in the Supreme Court today, sentenced to two months' imprison-; ment Oscar Meyar Lind Jacobsen, aged 45, who had pleaded guilty to failing to account for money received in lusj capacity of sexton at the Taita Cemetery. V : ■'. Mr. O. C. Mazengarb, for the prisoner, said that during the long period of the misappropriations Jacobsen s wage as sexton had been only £3 10s; it had been £4 originally, but had been reduced because of the depression. Out of 'that amount he had to provide for himself, his wife, and seven young children whose ages rangedjrom fourteen years to six. The youngest had been born with defective feet, which necessitated orthopaedic treatment at the. hospital; the hospital fees had certainly been' paid by the Lodge, but various incidental expenses weighed heavily. i The prisoner had a queer emotionalism and was not fitted temperamentally for burial duties". It had been noticed that after a burial, particularly of a younger person, he seemed to go all to pieces. That, coupled with the fact that he had already taken some burial money, started his drinking, which made it all the easier fpr him to take more money. The offences had been committed over a period of two years. -. . ■ - ■ -: ■ His Honour pointed out that the period was something over three years, and that the offences, had started when he had been in'the position for six months, coinciding with the drop in his, wage. . •' » ■ Mr. Mazengarb said it was not usual to ask for probation in such a case, but there were special circumstances. He had worked hard, and since-his dismissal, had continued t<J do so in other •employment.'

His Honour said the difficulty was that cases of misappropriation of employers' money had been quite common, and the Court could not deal with one case in one way and another in a different way. All the cases were marked, more or less,vby a succumb; ing to temptation, and the present ( case was typical of a number of cases that had started in a small way. '

He would very much like to accede to the request, continued his Honour, but the .difficulty there was that probation would have to be over a long period and. an order for restitution would only aggravate the prisoner's position. Again, thevCourt would be met with similar requests in; other cases. There were special circumstances, but he would be failing in his duty if he did not send the prisoner to prison. In view of the circumstances he thought justice would be met by the imposition of a short term of ■ imprisonment.--.