MAGISTRATE’S COURT

Press, Volume LXXXVI, Issue 26265, 9 November 1950, Page 11

MAGISTRATE’S COURT

WEDNESDAY \ (Before Mr Rex C. Abernethy. S M ) BREACH P? PROBATION William Frederick Beaumont Sloan, afed 22. a labourer, pleaded guilty to a charge that, at Christchurch, on August 26, having been released on probation at Auckland on June 9, he committed a breach of the terms of his probation by falling to report to the Probation Officer as Instructed. He was sentenced to two months* imprisonment. INTOXICATED MOTORIST Frank Farrell, aged 51, a manager (Mr R. w. Edgley), pleaded not guilty to a charge that, on November 2- whii? 4n a state of intoxication, he was in charge of a motor-car in Riccarton road. Sub-Inspector J. J. Kearns prosecuted. Farrell was convicted and fined his driver’s licence was cancelled, and he was disqualified from holding another for 12 months.

Two witnesses for the prosecution gave evidence that they drove behind Farrell from Rolleston; that he followed a rig?ag course, ran off the road right on to the grass at one place, passed a cyclist on the wrong side, missed another cycUlt by inches, just missed a motor-car driving away from the store at Sackburn, was saved from hitting a tram car at Clyde road by the promptness of the mototman, eventually got the two left wheels into the gutter, punctured the left rear tyre on a culvert and crashed on to the footpath near Konini street. Four police officers gave evidence that, in their opinion, Farrell was under the influence of liquor and was unfit to drive, though he was not a bad case. Farrell was arrested at 5.40 p.m. Called by the defence. Dr. F. L. Scott said he examined Farrell at ® 20 p.m. and considered be wa? fit to drive a| that time. Farrell told him he had two whiskys and one beer at Ashburton about 3.20 p.m. / Farrell, in evidence, denied that he drove erratically. When the car swerved to the left in Riccart on ro sd he realised the left rear tyre was punctured. The car was in the gutter for only a short distance. He was not intoxicated. The Magistrate said he was satisfied that the evidence of the first two witnesses for the prosecution was exactly what happened. “Mr F. F- Reid, S.M., had occasion a few davs ago to remark on the number of these cases coming before the Courts and to issue a warning,” said Mr Abernethy. "I am in entire agreement with that warning and repeat it. An accused charged with intoxication while in charge of a motor vehicle will run the risk o f imprisonment in proper cases- It is with some doubt that I do not inflict imprisonment in this case.”

SHIP DESERTERS Harry Pennington, aged 28. a storeman, and James William Leitch, aged 20. a compositor, each pleaded guilty to a charge that he deserted the overseas ship, Kaikoura. at Dunedin, on September 30Each accused was sentenced to one month’s imprisonment. FINED FOR DRUNKENNESS Daniel O’Sullivan, aged 37, a bottle dealer, pleaded guilty to a charge that, on November 7. he was found drunk In Lincoln road, having been once PlWouslv convicted at a similar offence within the last six months. He was fined £3. in default lour days Imprisonment.

(Before Mr Raymond Ferner. S.M ) COMMITED TO BORSTAL Warren James Thomqs, aged 18. a warehouseman (Mr B. G. pingwall), pleaded guilty to a charge that, on November 1. he stole 255, the property of Nola Valerie Booth. He also appeared for sentence on three charges of then ana one of mischief, for which he was convicted on October 12 and ordered to come up for sentence within six months if called upon. . He was ordered to be detained in a Borstal Institution for twd y*V B - . . The Magistrate sai4 that Thomas had been given a chance on the farmer pccasion he had appeared before to? Court, but had now demonstrated his unwprtmness pretty conclusively.