THREE YOUNG MEN IN COURT

Press, Volume LXXXIX, Issue 27206, 25 November 1953, Page 6

THREE YOUNG MEN IN COURT

Charge Of Disorderly Behaviour

MAGISTRATE DISMISSES INFORMATIOI S “Banging on a tin, singing, shouting, and unseemly noise” in Riverlaw terrace, on- the banks of the Heathcote river, early, in the morning of Sunday, November 22, led to the appearance of three young men before Mr Rex C. Abernethy in the Magistrate’s Court yesterday. Donald Francis Anderson, aged 21, a labourer, Eric James Charles Hay, aged 24, a labourer, and Brian John Ash, aged 21, a labourer, each pleadet not guilty to charges of behaving in a disorderly manner in *a public place. The Magistrate dismissed the charges. A further charge against Anderson, that on November 22 while under the influence of drink to such an extent to be incapable of having proper control of the vehicle, he was in charge of a car on Riverlaw terrace, to which he pleaded not guilty, was dismissed.

Sub-Inspector J. C. Fletcher prosecuted, Mr A. Hearn appeared for Anderson and Ash, and Mr A. K. Archer for Hay. Maurice Baker, of 48 Riverlaw terrace, said he heard a lot of banging on what sounded like a tin, shouting, singing, and unseemly noise outside his gate about 1.30 a.m. The noise went on until a police car arrived. He looked out and saw a parked car with police around it. Constable C. J. Ribbins said that he lived across the Heathcote river from Baker and was also awakened by the same noises. “It is not abnormal to get larrikins in the area. It is a secluded spot, and persons park there late at night/’ said the witness. When he went down to the river and looked across he saw a yellow painted car, Constable Ribbins said. Two .or three men were moving about singing to the accompaniment of banging on a tin. He called to them, but they did not hear, so he telephoned the police station, was picked up in a patrol car and taken to the spot. “Anderson was sitting in the front of the car,” said Constable Ribbins. “I found seven empty beer bottles around the car, eight in the car, two partly filled glasses of beer, and one empty glass. They were definitely under the influence of liquor. I went back later in the morning and found the ignition keys on the back seat of the car.”

Mr Hearn submitted that although there was no doubt that their behaviour was objectionable the charge must fail because no breach of the peace was caused. According to two previous decisions, which counsel cited, noisy hilarity did not constitute disorderly conduct. “There was nobody to see this-be-haviour and there was ho breach of the peace—under common law fisticuffs, fighting, rout and riot,” said Mr Hearn. “The fifrst time somebody spoke to them they stopped.” Mr Archer said that the accused had already suffered punishment through being locked up for the night. The Magistrate said it was necessary to be sure that the conduct might have provoked a breach uf the peace. “A loud and discordant scene could hardly be calculated to make a breach of the peace. The noise was not akin to being riotous. When first spoken, to the accused ceased.

“Highly objectionable as their conduct was, I am not going to find that it was a breach of the peace or likely to provoke one,” tne Magistrate concluded.