A SAD SPECTACLE

Hutt News, Volume 1, Issue 50, 23 May 1929, Page 6

A SAD SPECTACLE

JbOUit MEjST BEFORE COURT

*." TERMS' OF IMPRISONMENT.

•■j. have frequently Heard judges say j.rom tiitir seai-s in tms vjuuit tivwt tv«

denCeiiciiig ox prisoners is iiiemosc ujj.pare, jjernaps tne oiuy unpieascuio part, oi'a juuges uuty. Already i nave ximnu reason lo xeel tne correemess

ox tnat statemenx. A. sadaer spectacle 01 lour young men like you coming betore the Court on serious charges is ditneult

to .conceive."

Tnis observation was made by the Chief Justice (xion. M. Myers) i ui.tiie Supreme Court Monday morning when sentencing Hewitt Allan Capon, itiehaid xtyan, u-eorge "Wilfred Ryan and Thomas Gordon on charges arising out of the burglary and lire at the shop of R. "Y. Shearer Ltd, Lower Hutt on January 10.

Gordon had been found guilty of arson "and breaking and entering and theft, and the other tnree of receiving stolen property.

"Probation," said His Honour, in addressing. the prisoners, '' is out of the question for any of you, certainly-for Gordon and George Ryan, and -equally so, in my opinion, for the other two. An offence of this kind, or offences of-this kind, call for punishment—substantial punishment; and nevertheless, the sentences -which I shall directly impose upon you if they err at all, will err, I believe on the side of leniency. I prefer, however, that that should be so.

'** With regard to you, Gorddn, .your offences are of a very serious nature indeed. You are not a first offender in any case. You have already been before the Court on "no fewer than four" v occasions, though on charges of much less severity than those on which you now appear. Not only did you break and enter these premises in Lojwer Hutt, but you deliberately .tried to set the premises on fire for the purpose, I have not the slightest doubt, and for the only purpose of destroying the evidence of your crime, regardless entirely of the serious-loss and injury you might inflict upon the owners of the goods and upon the premises. Had'your-purpose been effected, the evidence, of not " only your crime but of the crimes of these other, three would also have been destroyed and the ends of justice entirely defeated. It would have been impossible for the owners to ascertain whether any of their goods had been stolen and the whole lot of you would have escaped that punishment which you so w,ell deserve." t

( 'Gordon, you have already been sentenced to "three years' ..-imprisonment for a very serious offence. I refer to the robbery of>• the mails from the Wahine," continued His Honour. "As. to you, George Ryan'-you are by no means a first offender . . ..I am not at all sure

that you are riot,, eyery bit as'bad as Gordon but I must not lose sight of the fact that the jury ias: acquitted you—and very properly so—on the charge of arson. I am not going to let than influence, me whatever I may ;■'. think of.it. Richard Ryan, you., have* not bjeen previously convicted and I propose to make a difference between you and Capon on the one hand and Gordon and George Ryan on^ the otheE. Capon, I propose to deal with you in"the same way as Richard* Ryan."

Gordon -was entenced to five years' imprisonment with hard labour, to be served concurrently with the period of three years which he is at present serving; George Ryan was sentenced to two years' imprisonment, Richard Ryan to •.eighteen months' and Capon; to .fifteen months, with hard labour in each case.