THREE YEARS’ GAOL

Hawke's Bay Tribune, Volume XXV, Issue 148, 8 June 1935, Page 5

THREE YEARS’ GAOL

£lOOO CHEQUE CASE Tunnicliffe’s Bad Record COMMENT BY THE JUDGE Edward Mountford Tunnicliffe, a showman and labourer, aged 43, was sentenced, to three ; ears’ hard labour by Mr. Justice Blair in the Napier Supreme Court this morning for uttering a forged cheque for £lOOO at the National Bank of New Zealand, Napier. In passing sentence, the Judge told Tunnicliffe that he was dealing with him leniently, for the prisoner had all the qualities that went to make him an habitual criminal. The gallery of the Court was well filled wuen Tunnicliffe was ordered to be placed in the dock for sentence. V hen the Click ot the Court asked Tunnicliffe whether he had anything to say why the sentence of the Court should not be passed upon him, Tunnidifie replied: "I am iuuocent of this offence. ’■ Mr. S. H. Morrison, who represented Tunmcliffe, asked His Honour if he would consent to reserve for the Court of Appeal the question as to whether the Crown had proved that Tunnicliffe had knowledge of the fact that, the cheque was a forgery. His Honour replied in the negative, but told Mr. Morrison that he still had the right to apply for leave to appeal, and His Honour would assist in expediting the application. Mr. Morrison: Thank you, Your Honour, 1 wished to have the point clear that you had refused. His Honour: Yes. ] definitely refuse to reserve the point. Speaking to Tunnicliffe, His Honour proceeded: “So far as you are concerned, 1 have to consider whether, in view of your record, I should declare you an habitual criminal. I have examined your record very carefully. With the exception of a conviction in 1915 and another in 1913, when you must have been very young, there has been a blank of some 15 years when have have not been before the Court. “But since then your record is not at all desirable. You were convicted in 1933 on three charges of theft and again in 1933 you were convicted for false pretences———” Tunnicliffe: Can I interrupt, Your Honour ?

His Honour: That’s all right. You have all the qualities to allow nie to declare you an habitual criminal. 1 propose to give you a chance, but it you are ever brought up again you will be declared an habitual criminal. Your so-called alibi was about as feeble an alibi as 1 have ever seen. I think the ends of justice will be served —and you will be a somewhat lucky wanif I impose three years’ imprisonment. Tunnicliffe was then led from the Court.

An habitual criminal is a prisoner who may be detained in prison during tho pleasure of the Governor. That is to say, if the authorities think tit, be ( may be kept in prison indefinitely. But he may apply to the Court or to a Judge to be relieved from this penalty if he can satisfy the authorities that he is sufficiently reformed. If an habitual criminal is thus declared nonhabitual, he is placed on probation for a period of two years.