Five Years’ Gaol For Breaking And Entering (Press, 19 April 1962)

John Albert Arthur, a 42-year-old dealer, was sentenced to five years in prison by Mr Justice Richmond in the Supreme Court on 19 April 1962 for breaking and entering the Runanga Co-operative Society's store with intent to commit a crime. The incident occurred on 30 March 1962, and Arthur had pleaded guilty to the charge, having previously been convicted in the Greymouth Magistrate’s Court. Defence counsel Mr G. S. Brockett indicated that Arthur had distanced himself from bad influences prior to the crime, but during a period of excessive drinking at a Christchurch hotel, he was persuaded by another man to travel to the West Coast. Upon reaching Runanga, Arthur was incapacitated by alcohol when they attempted to blow open a safe in the store. His role in the crime was primarily as a lookout. The court's evidence mentioned that the odour of cordite was detected on Arthur's clothing, but there was no mention of alcohol in the description of his condition. Mr Brockett clarified that the influence of alcohol was not offered as an excuse for the crime and asserted that Arthur had never relied on liquor as a defence. The defence maintained that there had been no prior planning by Arthur, which distinguished his actions from those typical of a premeditated crime. In contrast, the prosecution, represented by Mr C. M. Roper, argued that Arthur was fully aware of the crime he was committing, describing it as serious and expertly executed, thus dismissing the notion that he was in a semi-drunken state. Mr Roper pointed out that materials used for the burglary, which were found in Arthur's possession after the crime, contradicted the claims of a spontaneous decision. His Honour raised doubts regarding whether Arthur or his accomplice had actually blown the safe. Evidence indicated that the criminal partner responsible for the burglary had not been located. It was suggested that the crime had been committed impulsively, although Arthur had ample time to contemplate the consequences during their trip. In his remarks, Mr Justice Richmond acknowledged Arthur's previous efforts to reform and considered the seriousness of the offence. The judge concluded that despite the uncertainty of Arthur's exact involvement in the crime, he had played an active role. Ultimately, he opted for a finite sentence instead of preventive detention, though he noted the severity of the crime. The maximum penalty for such an offence could have entailed a ten-year prison term. Additionally, in a separate case also reported on the same day, Robin Arthur Walker, a 24-year-old, was sentenced to 11 months' imprisonment for two charges of sodomy. His sentences were to run concurrently, and upon his release, he would be on probation for a year with specific conditions regarding medical treatment or advice as recommended by the probation officer.

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