Intending Burglar Gets Probation Term

Sun (Auckland), Volume II, Issue 421, 1 August 1928, Page 1

Intending Burglar Gets Probation Term

COUNSEL’S STRONG PROTEST “SEEMS MOST UNFAIR” Having been convicted of stealing a starting pistol and revolvers, valued at £2 15s, and of being a rogue and a vagabond, Harold Leonard Fribence, aged 18, appeared at the Police Court for sentence this morning. Fribence was found with housebreaking implements in his possession and had confessed his intention of breaking into a. certain shop. He was fined £7 on the theft charge, being admitted to probation for two years on the second charge. Mr. W. R. McKean, S.M., said that since obtaining a report from the probation officer, he was satisfied that Fribence. who appeared yesterday in company with another youth, was the instigator of the trouble. “He got the other boy into trouble,” said the magistrate. “This other boy was trying Co shield Fribence by the answers he gave to questions here yesterday. I don’t want to send him to the Borstal, though he deserves it. I shall admit him to probation for two years. In regard to the theft of the revolvers I 6hall inflict a fine of £7.” Mr. J. J. Sullivan, who appeared for the prisoner, said that it seemed strange to him that the other young criminal, who had recently served a term at the Borstal Institute, should receive more lenient treatment than Fribence, who was a first offender. “You are acting on the statement of the other boy,” concluded counsel. Mr. McKean: No. lam acting on the statement of the probation officer. Mr. Sullivan: He is actuated by the statements of the other boy. Mr. McKean: He is not. His report is based on admissions made by Fribence. Mr. Sullivan: I must say it seems most unfair . Mr. McKean: I cannot help that, Mr. Sullivan. Mr. Sullivan: I yield to nobody, not even yourself, sir, in expediency of law. Twenty-five years’ experience lias taught me what I know. I am bound, as the boy’s counsel, to make some remark. Mr. McKean: No. you are not. You only make it more difficult for me to deal with the case. An application for suppression of name was not granted.