“CRIMINAL INSTINCTS”

Sun (Auckland), Volume IV, Issue 1042, 5 August 1930, Page 1

“CRIMINAL INSTINCTS”

MAN SENTENCED TO THREE YEARS’ GAOL SERIES OF OFFENCES “A man of criminal instincts,” : 4i Mr, Justice Smith described him in the Supreme Court this morning, Gordon McKenna was sent to gaoi for three years with hard labour for two offences of demanding money by menaces, theft, and assault. Counsel for the prisoner, Mr. Noble, confessed that it was difficult to offer an explanation for offences of this ■description. He emphasised that the offences of which McKenna had been lound guilty all arose out of the same fet of circumstances, and, in view of the Jury's rider that the indiscretion oi the victim of the affair had been a contributing factor, he appealed to the judge to pass as light a sentence as possible. His Honour reminded counsel that at that time the jury was not aware that McKenna had previous convictions, and he had not referred to them. Mr. Noble said that the convictions related to offences in 1920 and 1924, which he suggested the judge should hot consider seriously. Questioned by the judge as to whether he had been convicted of creaking, entering, and theft in July, 1920, and sentenced to two yeara’ reformative detention, prisoner strenuously protested that there had been no theft. , well,” retorted his Honour, though I have no doubt theft was included in the charge.” "IT WAS MY BROTHER” “Were you convicted and sentenced , days’ hard labour for theft in Questioned the judge. I’ve never been convicted of theft,” protested the prisoner. “I am posilu‘o,” ,he added. ~ was my brother, sir,” continued the prisoner. ‘Very well. It is of some consequence, and I will remand you till this atternoon, and the Crown Prosecutor wul come prepared to prove the conations.” Oh, yes,” cut in the prisoner, whose “Mo of memory suddenly disappeared fourteen days’ hard labour—yes, mat was in Wellington. I was forEotting,” added. Don’t talk so much,” ordered the Judge. His Honour remarked that the Prisoner had been found guilty of our offences, three of which were -enous. At the time the jury reUrned its rider, it was not aware previous convictions. In view of your previous convicions,” added the judge, “I think the Proper view to take is not that Gilmer, staking you to his home, opened the ®captation to you to become a crimiins but tbat you ’ being a criminal, auiiced a simple-minded young man 0 take you to supper at his expense, uatl then take you to his house, where committed theft.” ri'k on °ur added that he entirely isbelieved the prisoner’s story that uero had been any improper relational the house. I “®htences of three ' years’ hard u*>our on each of tw r o counts of desndhig money by menaces, two ■Pare’ hard labour for theft, and six Piths’ hard labour, were made concurrent.