MAGISTRATE’S COURT Man Sentenced To Gaol For Receiving And Theft

Press, Volume XCI, Issue 27569, 28 January 1955, Page 8

MAGISTRATE’S COURT Man Sentenced To Gaol For Receiving And Theft

The first application under the new Criminal Justice Act to come before the Magistrate’s Court in Christchurch was made yesterday by the Probation Officer (Mr J. Ryley), when he asked the Court to sentence an offender for the offences for which he had previously been admitted to probation. The act came Into force on January 1 this year and Section 11 says that whenever any probationer is convicted of any other offence during the perioct of his probation any probation officer may apply to the Court to sentence him for the offence for which he was released on probation. When Frank Robert Me Watt, aged 43, a watersider (Mr W. G. P. Cuningham), appeared before Mr Rex C. Abernethy, S.M., for sentence on one charge of receiving roofing material, valued at £l2 15s. the property of J. A. Redpath and Sons, Ltd., well knowing it to have been dishonestly obtained, and three charges of stealing bicycles, the Probation _Officer asked that he be dealt with under Section 11 of the Criminal Justice Act. He said that McWatt was released on probation on December 2, 1952, on one charge of stealing a bicycle and one of receiving stolen property. He was ordered to make restitution of £42 but had so far paid £3O 10s. During the period of his probation he had committed other offences. Mr Cuningham said that McWatt was married and had three children. When he got pushed for money he tried to get it the easy way and stole bicycles. He had asked men to get him oddments of roofing material and was greatly surprised when the rolls of it appeared at hid house. He was a good worker and a generous man, but he did not seem able to control his finances. He had not made restitution because he could not afford it. McWatt was sentenced to three months’ imprisonment on each of the two charges named in the application by the Probation Officer. On each of the three charges of stealing bicycles, to which he had pleaded guilty, he was sentenced to three months’ imprisonment, and on the charge of receiving stolen property he was sentenced to nine months r imprisonment, all the sentences to be concurrent. The Magistrate told McWatt he was a good worker and had some good points but he had some shockingly bad ones, as his record showed. “I admitted you to probation in 1952. You have broken the terms of your probation by committing other offences. The position is far from satisfactory. I going to treat you comparatively lightly m view of your list, in the hope that you can redeem yourself. The onus is on you,” said the Magistrate. “All the sentences will be concurrent. You will serve nine months’ imprisonment in all.”

FALSE PRETENCE „9 eo^ ge J Vla ’e. rice - ag«f33, a labourer (Mr B. G. Dingwall), who appeared for sentence on a charge of obtaining £5O from Neville Chaston by falsely •representing that a motor-car was his own free and unencumbered property, was convicted and ordered to come up for sentence within two years if called upon on condition that he makes restitution of £33 as ordered by the

The Magistrate warned Maurice that if he came before the Court again for any major offence he would in all probability be sent to the Supreme Court for sentence to a period of preventive detention. “It is with some doubt and some hope that I pass the present sentence on you,” said the Magistrate.

UNLAWFUL CARNAL KNOWLEDGE Colin Clifford Hurrell, aged 18, a soldier, and Alfred Rickard Mayne, aged 17, a tile worker, pleaded guilty to a charge of unlawful carnal knowledge of a girl aged 14. The case was adjourned to February 3 for a Probation Officer’s reports and sentences.

Detective-Sergeant G. C. Urquhart said that the girl was due to have a baby in June but the youths, though admitting, carnal knowledge, denied responsibility for the pregnancy. The girl’s father would be appearing before the Court on a charge of incest. It was an unfortunate matter altogether. The girl was precocious and it seemed that she went out of her way to entice the youths. Both youths had appeared before the Children’s Court in the past. “In my opinion they don’t appreciate the seriousness of their offence,” said Detective-Sergeant Urquhart. • GIRL ASSAULTED Peter Evans, a war pensioner (M‘ N. B. Holland.) pleaded not guilty tc a charge that on January 11 he assaulted a 14-year-old girl. He/ was convicted and the matter was adjourned to February 3 for a Probation Officer’s report and sentence. Sub-Inspector J. C. Fletcher prosecuted. The case for the police was that Evans about 2 a.m. went into a room, occupied by a young woman and her sister, aged 14, in the boardinghouse where he also lived and on the edge of the bed with one arm across the bed. The young woman told him to get out and, when he would not leave, she slapped his face. She then jumped out of bed and ran for help. While she was out of the room he sat on the edge of the bed and tugged at the blankets. The girl called out to her sister to come back. Evans was under the influence of drink.

Evans, in evidence, denied being in the room at all. He said he had been to the pictures, went home and had a beer, but he was in such agony with his back that he went for a walk and did not return until 3.30 a.m. He then went to bed. The Magistrate made an order prohibiting publication of the names of the girls. DROVE WHILE DISQUALIFIED lan John Robin, aged 17, pleaded guilty to charges that on December 19 he drove a car while disqualified from driving, that he drove a car without a warrant of fitness, and that being under 21 he bought liquor at Heathcote. Sub-Inspector J. C. Fletcher said that on the evening of December 19 Robin was a passenger in a car, the driver of which was arrested for being intoxicated in charge of a motor vehicle. Robin was given the ignition keys, drove friends about the city, and next morning drove to see the friend who was in the charge of the police. - Robin had been disqualified from driving. Accused was liable to three months’ imprisonment or a fine of £lOO on that charge, said the Magistrate. The three charges were adjourned to February 8 for a Probation Officer’s report. Also adjourned to February 3 were charges against Donald Lamont Havern, aged-28, that on December 19 he gave Robin the ignition key and permission to drive a car, lenowing him to be disqualified from driving, and that he drove a car with no warrant of fitness.

PROBATION FOR FALSE k r PRETENCES 'A woman was admitted to two years’ probation on three" charges ot- having obtained goods valued at £73 17s lOd from two Christchurch shops between November 5 and December 17 by giving a false name. She appeared for sentence, having pleaded guilty to the three charges, and her application for suppression of name was granted. “You have got your life into a bit of a tangle,” said the Magistrate. “I can only say you have the intelligence and basically you have the character to cure this trouble.” FINED FOR ASSAULT

Patrick Denis Canovan pleaded guilty to assaulting Colin Kennelly on January 9. Sub-Inspector J % C. Fletcher said that Kennelly had stopped in Riverlaw terrace about 1 a.m. on January 9 to relieve himself in the long grass. Canovan was there with a woman friend and there was an altercation. Kennelly went to the home of a constable of whom he knew and returned with him. Kennelly and Canovan then both made off. Canovan was convicted and fined £2. STOLE SAVINGS BONDS name was ordered admitted to

probation for two years when he appeared for sentence on a' charge of stealing seven £lOO national savings bonds, valued at £786 12s 6d. Mr B. McClelland, who appeared for the youth, said he war a first offender, and had taken the bonds because he had a dislike for the Complainant but had intended to return them. The criminal action probably stemmed from an unhappy home life. All the bonds had been, returned. INDECENT ASSAULT Errol Leslie McConchie, aged 32, a labourer (Mr M. G. L. Loughnan), appeared for sentence on a charge of having indecently assaulted a female on December 27. He was convicted and sentenced to two years’ imprisonment. BREAKING, ENTERING AND THEFT Thomas William Parry, aged 47, a labourer (Mr D. J. Hewitt), appeared for sentence on a charge mat on October 13 he broke and entered the Shop of John Alfred Nuttall, Manchester street, and committed theft. - Mr Hewitt said the offence was a minor one and since a conviction in February, 1948, the accused had made a serious attempt to go straight. His health was bad. The Magistrate said that with a list, going back to 1934, Parry was liable’ to preventive detention up to 14 years. He would treat him in the light of his attempt to keep out of trouble. Parry was sentenced to six’ months’ imprisonment. THEFT OF ROOFING MATERIAL Walter George Toombs', aged 80, a driver (Mr B. J. Drake), and John Gerrard, aged 28, a roofer (Mr D. H. Stringer), appeared for sentence, having pleaded guilty to a charge of stealing bituminous roofing material, valued at £l2 15s, the property of J. A. Redpath and Sons, Ltd. Both were convicted and fined £lO. Mr Drake said that Toombs was a first offender, had a good reputation, had lost his job and could have gained no benefit from what he did. Mr Stringer said that Gerrard had no previous known offences and the manager of his firm spoke highly of him. His action had been unthinking. Had there been any chance from the evidence he would not have recorded a conviction against the men. said the Magistrate. He was satisfied that they had hitherto led blameless lives. -

MISSED MILITARY PARADES For failing to attend compulsory military parades Lindsay James Mealings was convicted and fined £5. Lieutenant-Commander G. B. Holden of the R.N.Z.N.V.R. gave evidence that Mealings’s attendance at parades was bad and he had been convicted on a similar charge last year. In a. statement read by Constable Yaxley, of Kaiapoi, Mealings said that because of a shortage of staff he was required to work at the milk factory at Kaiapoi when there were parades.

LICENSING BREACHES Ronald MacPherson Grant, licensee of the Embassy Hotel, Christchurch, was convicted and fined £3 on a charge that on November 27 he sold liquor after hours. Bruce MacPherson, a barman, was convicted and fined £6 on a charge of having supplied liquor after hours. Sub-Inspector J. C. Fletcher said that at 7.15 p.m. on November 27 the police had found about eight people in the upstairs lounge bar of the hotel.

Mr D. W. Russell, who appeared for both defendants, said that MacPherson had through inexperience believed he was serving bona fide guests. Rex Wright, aged 20, was charged with having bought intoxicating liquor from James Cyril Harding, licensee of the Black Horse Hotel. Sergeant J. Mahon said that Wright looked as if he were 21, but knew he should not have been on the premises. Wright was convicted and fined £l. TRUCK CONVERTED William James Hayes, aged 24, a driver (Mr W. G, P. Cuningham), pleaded guilty to having converted a motor-truck, valued at £l2O, the property of Farmer and Walters Garage, Ltd., on November 26. Detective-Sergeant G. C. Urquhart said that when interviewed on January 21, Hayes frankly admitted taking the truck from a lane near the garage about 8.15 p.m., and leaving it later in the evening in Wainoni road. He had consumed liquor and had had a row with his girl friend. The Magistrate remanded Hayea on renewed bail to February 2, and asked for a report from the Probation Officer. TWO BREACHES BY LICENSEE

John AljCred Randle, licensee of the Valley Inn Hotel, Heathcote, for whom Mr W. F. Brown appeared, pleadted not guilty to charges that on November 17 he opened his premises for the sale of liquor after hours, exposed liquor for sale, and sold liquor after hours. He was filled £3 on the first charge, ordered to pay costs on the second, and the third was dismissed. Evidence was given by Sergeant R. E. Marriott and Constables C. Ribbins and J. Wheeler that they went to the hotel at 8.40 p.m. and found a number of people on the premises. Mr Brown said that the defence was that some of the persons were at the hotel for a meal, others were there to discuss business with the licensee, .Who was leaving for a holiday the following morning, and others were friends, who knew he was going away and had come to see him.

Several witnesses gave evidence on these lines.

The charge against each of 13 persons of being on licensed premises after hours was dismissed.

lan Torby, a barman, was fined £5 on a charge of supplying liquor after hours.

Gordon Harris, David Pollock and Jack Hoffer were each fined £1 for being on the premises after hours. Randle then pleaded guilty to charges that on December 19 he sold liquor after hours and that he supplied liquor to a person under 21. The Magistrate adjourned the matter until this morning lor penalty. Sub-Inspector J. C. Fletcher said that two scallywag youths went to the hotel about 10 p.m. and induced the licensee to supply them with liquor. The youths came under the notice of the police and inquiries led back to the Valley Inn Hotel.

Mr Brown said that the licensee was confronted with the accusations and could not remember supplying the two youths. From inquiries by a solicitor it seemed certain that the youths did get the liquor at the hotel REMANDED

Reginald Aloysius Dellow, aged 48, a fitter and turner (Mr R. Twyneham), was further remanded on renewed bail to February 2 on a charge that on October 15 he committed incest. Samuel McDonald, aged 65, a retired cook, was remanded to February 3 on a charge ot 'breaking and entering the dwelling pt Bernardus Rammelt, 406 Oxford terrace, and committing theft. (Before Mr L. N. Ritchie, S.M.) COMMITTED FOR TRIAL, John Merritt Harpur, aged 28, a warehouseman (Mr A. K. Archer) pleaded not gjiilty and elected to be tried by jury on a charge that on December 29 he stole a motor-car wheel, tyre, tube and tyre cover, valued at £lO, the property of Ronald Charles Mitchell. He was committed for trial at the next session of the Supreme Court. Bail was renewed. He was ordered to report daily to the police. Detective-Sergeant G. C. Urquhart prosecuted. / ■: Mitchell gave evidence that about 8 p.m. ori December 29 he left his car in Hereford street, and drove home about 10.30 p.m. Next morning he noticed that the spare wheel assembly was missing from the car and reported the loss to the police. He saw a car, the same model as his in Lancaster street on January 10. The spare tyre cover had been painted but the centre was similar to his own. He identified the tyre because of its unusual tread, and marks on the spokes of the wheel Constable N. F. Pipe said that the

car Mitchell saw belonged to Harpur. Harpur had told him on January 10 that he. had bought the spare wheel three weeks before for £3 from a man in a billiards saloon in Gloucester street who had previously offered to sell him a spare wheel. He had painted the tyre cover. The man from whom he bought the wheel was not found. On January 11 Harpur. was granted ball of £5O so that he could search for the man, but the man had not been found. CIVIL CASES JUDGMENT SUMMONSES

On judgment summonses G. W. Webb was ordered to pay Smart and Sons, Ltd., £4 18s lOd, in default, four days* imprisonment; Francis Stempa was ordered to pay the Pinus Lumber and Sawmilling Company, Ltd., £33 7s 7d, in default, four weeks’ 'imprisonment; D. Mcß. Munro was ordered to pay V. R. Blackburn £3 15s, in default, four days’ imprisonment; E. Clydesdale was ordered to pay A. F. Hopkins £2 16s 6d, in default, two days’ imprisonment; J. Bennett was ordered to pay Smart and Sons, Ltd., £9 10s lOd, in default, nine days’ imprisonment; Percy Collings and Marie Collings were ordered to pay William Cairns-Bell £lB 15s 9d, in default, 18 days’ imprisonment; D. Eden was ordered to pay Arthur A. Hunter £3l 14s, in default, 31' days’ imprisonment, the warrant to be suspended as long as defendant pays £1 10s a month; Eric Gordon Geddis was ordered to pay Matthew Park, Ltd., £4 15s, in default four days’ imprisonment. JUDGMENTS FOR PLAINTIFFS Judgment was given for the plaintiff in the following cases: Cash Order Purchases, Ltd., v. J. Stackhouse, £2; Beath and Company, Ltd., v. A. G. Donnell, ’£4 8s; Beath and Company, Ltd., V. J. M. Giles, £7 9s.