PRISONER SENTENCED.

Manawatu Standard, Volume LX, Issue 137, 10 May 1940, Page 8

PRISONER SENTENCED.

HARD LABOUR IMPOSED. , DECLARED HABITUAL CRIMINAL “It is not often that. I declare a man an habitual criminal. I do not unless the circumstances compel me, as they do in this case,” said the’ Chief Justice, lit. Hon. Sir Michael Myers, in the Supreme Court yesterday, in declaring Eugene Charles Dominic Patrick McCarthy, labourer, aged 32, to be an habitual criminal. Prisoner had previously entered pleas of guilty to five charges of indecent assault, one of committing an indecent act, one of the conversion of a cycle, and one of the theft of a cycle. On the charges of indecent assault prisoner was sentenced to imprisonment with /hard labour for three years. On each of the other charges he wa6 sentenced to imprisonment with hard labour for twelve months, all the sentences to be concurrent.

The declaration of prisoner to he an habitual criminal implies that he may be detained in prison at the pleasure of the Minister of Justice. After commenting that the offences of indecent assault were on different davs with respect to different children, the Chief Justice said this meant that, while prisoner was at large, no female charges could be said to bo free or immune from prisoner’s criminal interference and molestation. Prisoner could not be allowed to remain at large. Mr T. M. N. Rodgers, for prisoner, said the latter had commenced his career of crime since he had had an unfortunate experience in marriage four or five years ago. His Honour pointed out that prisoner’s criminal list extended back to 1926. and the class of offence with which he was previously charged, to 1932. Mr Rodgers said that prisoner was a good workman and had stated that all the major offences had been carried out after he had had liquor. Counsel handed His Honour a statement written by accused, which His Honour read. His Honour said, prior to passing sentence, that there were two classes of case in which, or by reason of which, a person might be declared an habitual criminal. The first was where the present conviction was in respect of a sexual offence and prisoner had been previously convicted of at least two similar offences. The second class was where prisoner was- convicted for various offences—among which were theft and 'false pretences—he having been previously convicted of at least four similar offences. His Honour reviewed prisoner’s list of previous convictions; 1926, theft; 1929, theft; 1929, theft; 1929, false pretences and assault; 1932, breaking and entering and theft; 1932, a serious offence; 1933, escape from custody; 1936, theft and indecent assault; 1940. aggravated assault. Prisoner, added the Chief Justice, had qualified in both classes to be declared an habitual criminal. Had he qualified only in the second class—dishonesty—His Honour might not have made the declaration. The Chief Justice then imposed sentence.