SUPREME COURT SENTENCES

Hawke's Bay Herald-Tribune, Volume 81, Issue 30, 29 October 1937, Page 6

SUPREME COURT SENTENCES

Three Prisoners Receive Substantial Terms

HYDE GIVEN PROBATIOIi

Substantial terms of imprisonment were imposed on three of the four prisoners who came before Mr Justice Ostler in the Supreme Court at Napier this moraing. probation being granted, in the remaining cases. One of tho prisoners, possessor of a long list of previous convictions, and an habitual criminal out on license, was again tio* clared an habitual criminal, while another with several previous convictions for breaking and entering and * theft was warned th'at he was likely; also to be declared next time he ap peared before the Court. Found guilty of two breaches of the Bankruptcy Act in contracting debts without the expectation of being able, to pay, and of failing to keep proper, books, a caterer and carpenter, William James Hyde, was admitted to probation, for 12 months. For the prisoner, Mr C. W. Nash pleaded that accused's entry into the catering business Had been inspired by the success which attended his brother's efforts in this direction at Tawa Flat^ when a large amOunt of money was made. His estimates werq faulty from the outset, and his actions were those of an honest fool, therej being absolutely no suggestion of fraud in the case. He sfill considered thatj given time, he would have made a suew cess'of the venture. ■"Reckless Action." "I've been somewhat tronhled as tcj how to .deal with your case," said hi? Honour. The prisoner 's action had been so reckless as to cause considerable lost to the traders of the town — many of them traders in a small way only. H«j had been found guilty of the serious charge of contracting debts, and might be well to .sentence him to Sl term of imprisonment as a warning others. However, probation had" been recommended, and, believing that thei prosecution would havd a deterrenlj effect. it was proposed to admit him jt.of probation for a period of one year. "Menace to Children." "Looking at your record it aeems toi me that you are a menace to thef children of this distri.ct," said hisS Honour when Gordon Ernest Drury, aged 31, a labour er, of Hastings, was placed at the bar for sentence on « charge of an indecent assault" on an female at Hastings. "In 1930 you wer# convicted of rape; now you come before the Court again with a sexual offence against a little child of four. "The only thing I can do is to put' you in a place where the children will be safe from you for a substantial period. You will be sentenced to fou? years' imprisonment with hard labour." Growing Eecord.

Nikora Timu, a Maori labourer, aged 29, appeared for sentence on a charge' of breaking, entering, and theft at 1 Takapau. In view of his record, he whs sentenced to reformative deteni tion for a period not exceeding fouc years, and waraed that a further ap» pearance before the court might result' in him being declared an habitual criminal. "There is a growing record againsfc you," said his Honour, detailing counts of breaking and entering and theft over a period of years. "You are rapidly qualifying to be declared an habitual criminal. If you appear ben fore the Court again I give you fair warning that you are likely to be so. declared. Yrou will be sentenced to reformative detention for a period not exceeding four years." Declared Habitual Criminal. John William McClure, who pleaded guilty earlier in the week to a charge of escaping from lawful custody and breaking and entering at Wairoa, and who had alrendy been remanded for sentence on two charges of breaking, entering, and theft, was sentenced to two years' imprisonment on each charge, sentences to be concurrent, and again declared an habitual criminaL His Honour commented that this was the one course open to him in view of the prisoner 's long list of previous convictions. He had been previously declared an habitual criminal, and was out on license at tlie time the offences were committed.