PRISONER WARNED

Waikato Times, Volume 125, Issue 20950, 1 November 1939, Page 6

PRISONER WARNED

IF CAUGHT AGAIN MAY BE DECLARED HABITUAL LIGHT SENTENCE IMPOSED A warning that further indulgence in crime would probably lead to his being declared an habitual criminal was given to a prisoner, Cecil Frederick Hill, aged 33, a labourer, of Lower Kaimai, by the Chief Justice, Sir Michael Myers, in the Supreme Court, Hamilton, to-day, when Hill appeared for sentence. On each of four charges of breaking, entering and theft, one further charge of theft, and a charge of unlawful conversion of a motor car, at Matamata, Hill was convicted and sentenced to 15 months’ imprisonment with hard labour, the sentences to be served concurrently. Mr A. L. Tompkins, who appeared for the prisoner, stated that Hill complained because he had never really had the benefits of probation extended to him since he first became involved in crime at the age of 14. Probation Not Possible His Honour said it would be quite impossible for him to extend the benefits of probation to the prisoner. It was possible, but he could not say, that the prisoner had never had a chance, which Nowadays the Courts always endeavoured to give a prisoner who was brought up for the first or even the second time. It might well have been, however, that when the prisoner first appeared before the Court it appeared to the Court that he was incorrigible. “I will not impose what I think would be a heavy sentence,” continued His Honour, addressing the prisoner. “It appears to me at first sight that you have qualified for declaration as a habitual criminal, but judges are always averse to making such declarations against young men, save in most exceptional circumstances.”

In imposing the sentence on Hill, His Honour said it was very light. He made it light deliberately as he wanted to give the prisoner some kind of opportunity to lead a better life after he had served the present sentence. “At the same time,” added His Honour, “I want to give you a solemn warning. I do not Intend to declare you an habitual criminal but if you come before the Court again for any criminal offence and you are convicted for it, the strong probability is that you may be declared an habitual criminal. I have no doubt that you know what that means. If you do not, you will be informed by an officer of the Prisons Department. This warning will be recorded with the Registrar of this court, and also in the files of the Prison Department.

“If there is any good in you at all you must now try and make it evident and lead a respectable life.”