APPEALS HEARD

Otago Daily Times, Issue 26637, 6 December 1947, Page 3

APPEALS HEARD

FARMERS’ OFFENCES THEFTS FROM RAILWAYS ’ Claiming that the sentences of three months’ imprisonment with hard labour imposed by Mr J. D. Willis, S.M., on Cecil Robert Coutts, aged 36, and Hector William McLeod, aged 36, in the Palmerston Court on November 11 were excessively severe, Mr J. P. Ward, counsel for the two accused, yesterday appealed against the sentence in the Supreme Court before Mr Justice Kennedy. At Palmerston the accused admitted a joint charge of stealing 38 railway sleepers valued , at £9 10s, the property of the New Zealand Government, near Bushey, on October 12. Coutts pleaded guilty to the theft, on December 1, 1945. and on various dates between then and May 30. 1947, of one tarpaulin, eight lengths of railway line,' three tie chains, and 11 sleepers, of a total value of £2B 12s 6d. McLeod pleaded guilty to stealing, on April 1, and. between then and September 13, 1947, a tarpaulin and five lengths of railway line, of a total value of £l6 15s. On the first charge each of the accused was sentenced to three months' imprisonment with hard labour, and they were convicted on the other charges. Prison Term Excessive Counsel submitted that the magistrate could only have imposed a penalty of six months’ imprisonment, with or without hard labour, a fine of up to £2O, or placed the two accused on probation, for the theft of the railway sleepers. Coutts and McLeod were settled farmers, not of the criminal type, and should be dealt with as first offenders. Sentences of three months’ imprisonment with hard labour were very severe, and involved banishment from their homes and a lifelong stigma. Mr Justice Kennedy; The stigma lies in their dishonesty, not the extent of the punishment. > The thefts were very petty, continued Mr Ward, when compared with the actions of income tax defaulters, who deprived the State of hundreds, and even thousands, of pounds. The rails were old and rusty, and had been lying in the grass beside the road for 10 years in full view of the public. McLeod borrowed tile tarpaulin to cover up some sacks of oats, which were exposed to the rain. Ills action was unauthorised, but the Railways Department bad formerly hired out tarpaulins to farmers, but discontinued the practice some years ago. Aim of Punishment

'• The aim of punishment is the reformation of the wrongdoer,” declared Mr Ward. “To impose a prison term and place these previously honest men in contact with criminals would have the opposite effect.” Counsel concluded by requesting his Honor to amend the sentences to fines or terms of probation. “ Thefts from the Railways Department are both easy to accomplish and hard to detect,” said Mr J. B. Deaker, who appeared for the Crown. “ Railway property is spread over miles of sparselypopulated country, and is open to the depredations of dishonest persons. Although the two accused were convicted and discharged on all the charges except one, the magistrate took the other offences into account." His Honor; I do not commend the practice of imposing a penalty on only one charge and convicting and discharging on the others. Mr Deaker said that as the magistrate was entitled to impose a penalty of up to one year's imprisonment the sentences were not unjust. His Honor adjourned the case until Monday.