YOUTHFUL OFFENDERS.

Taranaki Daily News, 23 February 1922, Page 6

YOUTHFUL OFFENDERS.

BREAKING AND ENTERING. THE JUDGE’S COMMENT. Having been convicted of - the offence of breaking and entering at Eltham the brothers, Bernard and Arthur Coulter, aged respectively 21 and 18 years, appeared before Air. Justice Chapman in the Supreme Court, New Plymouth, yesterday for sentence. The elder accused was also convicted on other indictments, including the charge of having skeleton keys in his possession. Prior to the pronouncement by the Court. Mr. P. O’Shea made a plea on behalf of the accused. He said there was no doubt that the boys up to the time of this occurrence had borne a good character and they were good workers, and this must rank in their favor. Constable Townsend had informed him that while the boys were out on bail they had done a good deal of work in cleaning up at the police station in Eltham. The boys had also worked for the support of their home, they and other sons being the mainstay of their mother. Counsel hoped that His Honor would take into some account the strong recommendation of the jury for leniency and that he would be able to extend to the boys such a measure of clemency as was consistent with justice.

“You both stand convicted of very serious offences,” said His Honor addressing the accused. Continuing, he said that in his opinion Bernard had been convicted of a particularly serious offence. He had evidently prepared himself for a career of house-breaking and prepared, or procured, instruments of housebreakers, with the deliberate object of using them when opportunity offered. Whether he had broken into other premises was not known, though there was some suspicion that he was the author of some robberies in Eltham.

What had impressed His Honor was that the accused Bernard had made these careful, deliberate preparations for raiding his fellow citizens. The only person who could have explained the doings was accused himself and His Honor commended the prudence of counsel in not inviting the boy to go into the box. It was to his credit that he had not made an attempt to clear himself by giving evidence which was not true. He could not altogether clear accused, however, for the evidence of members of the family given in support of the boys’ case could not have been all true.

“There is a great deal too much of this kind of thing going on,” continued His Honor, “and there is very little doubt that young fellows are getting into their heads the idea that so long as they are young it can be carried on without much risk.” He added that people were surprisingly careless in regard to their premises and the case was merely an example of the ease with which almost any building in the small towns could be opened by a resolute housebreaker. The only thing which stood between wholesale robbery was that the people employed a nightwatchman—a vigilant officer.

His Honor said that after thinking over the question he had come to the conclusion thu-t the accused Bernard must be detained, and he would be ordered twelve months’ reformative treatment. His Honor recommended that accused be sent to Invercargill. In regard to Arthur he had very little doubt that this boy went just as far in the matter as his brother, but the conviction against him was not the same. He did not have housebreaking instruments in his possession, but there was a presumption whether correct or not that he had supplied them. There was also the presumption that being the younger boy he was led by his brother, but this might not be a strong one.

His Honor said he was very reluctant to punish young lads, but something would have to be done for the preservation of property, and in order to show the growing generation that it was not easy to commit crime and escape the consequences. Taking i o consideration the recommendation of the jury, which he had kept in view in regard to the other brother. His Honor said he had decided to admit Arthur to probation for two years. He warned accused to be careful to observe the conditions which would be explained to him. His Honor added one other condition, namely, that the boy was not to be out at night after eight o’clock without the written permission of the probation officer.