GAOL DANGEROUS

Sun (Auckland), Volume IV, Issue 969, 12 May 1930, Page 1

GAOL DANGEROUS

EFFECT ON ACCUSED’S HEALTH THEFT OF GRAIN Hemarking that he was actuated in his leniency by accused’s state of, health, Mr. F. K. Hunt, S.M., admitted Dominic Daniel Petty to probation for two years this morning. Petty appeared for sentence at the Police Court on five charges of stealing grain, the total amount involved being more than £2OO. The thefts were committed between October, 1929, and January, 1930, and the grain, which included sacks of wheat, maize, oats and chaff, was the property of the National Mortgage and Agency Company of New Zealand, Ltd. There was another charge of the theft of five cases of oil, 15 cases of benzine and two cases of kerosene of a total value of £2O 10s and belonging to W. ■E. Lewisham on December 2. Mr. Oonlan, who appeared for accused, said the man nad enjoyed an excellent character up to last October and had been in the employ of one firm for 16 years. He was a married man with one child. His health had failed. He had suffered from haemorrhages and was threatened with consumption. "He looks fit, but I have a doctor’s certificate to support my statement,” counsel added. “The man is not a thief.” When Petty had been very ill, he had employed a man to do his work, counsel continued. He really could not afford that and his offences were mainly prompted by another man who had played on his weakness for drink and led him to adopt the course which resulted in his arrest. Accused had given the police every assistance and was prepared to make restitution; in fact, £2O would be forthcoming immediately if Petty was given a chance on probation. Accused could pay 7s 6d or 10s a week. Petty had had to buy expensive medicine while he was ill. "He couldn’t do the job, so he farmed it out and relied on thieving,” commented Mr. Hunt. “I have discussed the case with the probation officer and the man should get 12 months’ imprisonment. He stole between £l5O and £2OO worth of goods and deliberately betrayed his trust. Gaol, however, would not be a good place for him.” Petty was admitted to probation for two years. He was ordered to make restitution of £2O immediately and a further £3O as the probation officer should direct.