FAILED TO KEEP BOOKS
BANKRUPT SENT TO: GAOL
AUCKLAND, June 9
“There is something mysterious in this cas t > yet. 1 hm not satisfied that the jury or myself really understand what occurred in your bankruptcy,’’ said Mr Justice Smith in' the Supreme Court this morning, when sentencing Clarence William Eruc e to six months imprisonment, without hard labour, for omitting to keep proper books or accounts three years befoye Jiis bankruptcy, with intent to conceal the true state of bis affairs. The sentence is to b<? concurrent with a sentence, of three months which Bruce is serving in respect to another offence under the Bankruptcy Act. Mr Jordan said that lea.ve had been granted prisoner to apply; for a new trial on. the count on which he now appeared for sentence. “Prisoner has now written stating that, owing to lack of funds, and his physical condition, he does not think that he can stand a new trial. Under those circumstances he would rather take the sentence of the Court than appear.” Mr Jordan added. His Honor said he could not understand prisoner’s desire not to proceed because of lack of funds, for in a criminal case the 'Crown was bound to go ahead, and the Court of Appeal would hear the application even if Bruce did not appear or was not represented.
Mr Jordan: I have advised him of the position. His Honor: What does he say?
Mr Jordan ; He says that even under those circumstances he feels he cannot stand a new trial, and ho would rather take sentence on the present count I-lis Honor: Do I understand quite definitely that prisoner declines to proceed ? Prisoner: Yes.
In sentencing accused, the Judge said:—“The Court always looks with seriousness on any crime such as this. If a merchant fails to keep proper 'bo'/ks *jfhe is acting dishonestly towards the business com annuity. 1 must take the facts as they stand. 1 have conferred with the Probation Officer, and find you are suffering from rheumatoid arthritis, and I must take that into account in passing sentence.”
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Hokitika Guardian, 11 June 1930, Page 2
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346FAILED TO KEEP BOOKS Hokitika Guardian, 11 June 1930, Page 2
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