JUDICIAL DISCRETION.

Oamaru Mail, Volume XXXVI, Issue 10068, 9 February 1909, Page 4

JUDICIAL DISCRETION.

(Per Press Association.) Wellington, February 8.

The New Zealand Times this morning commented upon the apparent inconsistency of a sentence of live yeais' imprisonment passed on a prisoner found guilty of common theft, last week, the jury having discarded the graver allegation of vio-'' lence. This, it was pointed out, appeared excessively severe when compared with a sentence passed by the same Judge at the previous sessions. At the Supreme Court to-day, dealing with the case of a man who had pleaded guilty to a charge of breaking and entering and theft, Mr Justice Cooper had some comment to make on the circumstances that determine a Judge in sentencing a prisoner. As eases are dependent oil circumstances, his Honor said a Judge had to exercise a wide discretion in passing sentence on prisoners. There were cases where persons had been convicted of certain oli'ences, and where the circumstances of the case and the character and past record of the persons showed the necessity for the safety of the public, that such persons should be effectually impeded and prevented in their career of crime. There were other cases in which the crime alleged was the same, and the same circumstances existed, but where there was a difference in the point of actual criminality. A Judge dealt with the matter with entirely different views. "Take these remarks/,' said his Honor, "because it is impossible for persons not 011 the judgment seat to appreciate properly the reasons that move a JiidL r e to he lenient ill one ease and 11 another rase to be severe.'' His Honor then referred to the case of last week in which he said the circumstances were much the same as in the present case, and in which he had imposed a sentence of five years' imprisonment on a hardened criminal, "and 3-et in this case." said his Honor, "the circumstances are 6uch as justify me, on the full recommendation of

the Probation Officer, in admitting the man to probation. Legally, perhaps, the cases are the fame, but that it not co otherwise. The prisoner, under the : n-Iluc-ncc of liquor, went, in the open daylight, into a shop, in full view of the police station. He has pleaded guilty to rhe charcre. 11 i.- previous character has irjcn unifornily L r ood, and everything ,f oes to show lie has been an honest, hard-work-in ■ man. It is reasonable to expect that reform v.iii follow without punirilnnent. His brother has offered to take him to work on a farm in Taranaki. This is one of these cases in which a person, not knowing the iaris of (he case, would say tint the Jr.diie had exercised undue leniency, and i.iat there was inconsistency between the course adopted in another case in which the offence might seem less. The previous character of the persons, the circumstances of the case make all the difference." His Honor then admitted the prisoner to two vears' probation, on condition that he should go up to his brother's iarm at -I'aranaki. and pay nit the costs of the prosecution in qnnrterlv instalments.