MAGISTRATE’S COURT

Press, Volume LXXIX, Issue 23915, 6 April 1943, Page 6

MAGISTRATE’S COURT

MONDAY (Before Mr E. C. Levvcy, S.M.) COMMITTED FOR SENTENCE

On two charges of breaking and entering and committing theft, Ashley Maurice Deuchrass was committed to the Supreme Court for sentence.

Mrs Isobel Mary Sutton stated in evidence that she left her home at 164 Strickland street. Spreydon, about 7.45 a.m. on March 29. When she returned later in the day, she found that the house had been ransacked, and a diamond ring valued at £lB had been removed from a bedroom. Mrs Sutton added that the accused was her nephew. Jewel Alison Cooper, a daughter of the previous witness, gave corroborative evidence. She said that 10s in silver had been removed from her money-box. Entrance had been gained to the house through a back window. Florence Sarah Cross, of 34 Sydney street, stated that she left her home about 1.15 p.m. on March 27, returning about 3.40 o'clock to find that the plateglass in the front door had been broken, and the house ransacked. A gold watch and chain valued at £25 had been taken.

Detective R. H. Watt said that the accused was found at the United Nations Fair on March 29. The accused was told that the police had ascertained that he had obtained the loan of £3 on a gold watch from the licensee of the Club Hotel, Sydenham. Accused said: "You've got it on me; there's no need to make a statement.” Later he told the police that he arrived in Christchurch from Dunedin on Thursday. He was in military custody, after being absent without leave. He slipped away from his escort, and booked in at the Club hotel. He was short of money, and resorted to the thefts to get money to pay his board. Accused pleaded guilty to both charges, and was then committed for sentence. An order was made for the restitution of the stolen articles. UNUSUAL DEFENCE An unusual defence was submitted by Mr E. S. Bowie, when a man whose name was ordered to be suppressed, was charged with committing assault at Rangiora.

Mr Bowie said the defendant was suffering from amnesia when the offence was committed, and that this constituted a complete defence for anything that happened from the time that he had the ‘‘black-out.’’ Even drunkenness, in certain cases, added Mr Bowie, could be taken as a defence.

“I thought you suggested that medical evidence could be called in reference to this amnesia?” said the Magistrate. Mr Bowie said he did not propose to call any additional evidence. The Magistrate: What about the man’s Army particulars? Mr Bowie; They refused to let me have them. The Magistrate; You could have called the local doctor. Mr Bowie: He could not recall the man’s case. The Magistrate: You open the door very wide, Mr Bowie. I don’t think I can accept the position. I shall treat him the same as the other man involved in the case. Defendant is convicted and fined £5. CHARGE OF THEFT Cecil Arthur Hensley, a labourer, aged 33, appeared for sentence on a charge of stealing £1 12s, the property of Clarice Hall, defendant having pleaded guilty last Monday. Senior-Sergeant J. Bickerdike said that Hensley had taken the money from a handbag in a bedroom at a party. It appeared that he had been drinking, and this possibly explained the offence. The money had been returned as soon as defendant knew inquiries were being made. Mr R. Twyneham said Hensley’s trouble was drink. Otherwise he seemed fairly reliable and had offers of work. Hensley was ordered to come up for sentence if called on within three years, a prohibition order to be taken out for each year. INDECENT ASSAULT Frank Edward Goldsbrough, an invalidity pensioner, aged 55. was committed to the Supreme Court for sentence on a charge of indecently assaulting a girl aged five years in St. Albans Park on March 3. He pleaded guilty. DetectiveSergeant J. McClung conducted the prosecution.