MAGISTRATE’S COURT One Year’s Imprisonment For Theft As A Servant

Press, Volume XCI, Issue 27593, 25 February 1955, Page 9

MAGISTRATE’S COURT One Year’s Imprisonment For Theft As A Servant

William Thomas Holman, aged 23, a naval petty officer (Mr J. E. Millar), was sentenced to one year’s imprisonment by Mr Rex C. Abernethy, S.M., when he appeared in the Magistrate’s Court yesterday for sentence on a charge of stealing £479 7s lOd, the property of the chief petty officer and the Petty Officers’ Mess Committee of H.M.N.Z.S. Pegasus. Holman had previously pleaded guilty to the charge. Mr Millar said that Holman had a record of exceptional service in the Royal Navy, and had served throughout the whole of the war in aircraftcarriers. His service had bsen just as good in the New Zealand Navy. He was anxious to make restitution for the amount. The theft of the money had followed the loss of £l5O which he did not wish to report. In describing the offence to the Court last week, Detective-Sergeant E. G. Ward said that the auditor had told Holman, who was mess secretary, not to hold a large sum in the mess safe. Later, Holman could not find the sum he left there, and presumed it burned with other papers, said Mr Millar. He then embarked on betting transactions with the Totalisator Agency Board to try to recoup the shortage, but he lost more money. Mr Millar said a careful search had been made, and did not indicate that Holman z had any assets apart from modest household possessions. Evidence on Holman’s naval service was given by Lieutenant-Commander G. M. Holden. Before sentencing Holman, the Magistrate quoted the following comments of Mr Justice Adams in a recent case of theft as a servant: “In cases of this kind it is very hard indeed to avoid imposing a substantial term of imprisonment The reason is

that many hundreds of persons throughout the country occupy similar positions of trust, and it' would be dangdrous to let the idea get abroad that such persons may steal their employers’ moneys systematically without in the end being sent to prison.” His Honour had added that he was departing from that rule with great misgiving, said the Magistrate. He had a duty to do not only to the accused but to society, having regard to the treatment that might be deemed proper for this class of the offence, said the Magistrate. On the facts before the Court that the accused had systematically stolen the money, gambled and lost it, he regarded it as his unfortunate duty to sentence the accused to a term of imprisonment. TWO YEARS’ PROBATION Daphne Fay Lynn, aged 18, a shop assistant, appeared for sentence having pleaded guilty to charges of stealing five postal packets. ' Admitting Lynn to two years’ probation, the Magistrate said he was satisfied by the Probation Officer’s report that she realised she had done something she could put right. He made an order for the restitution of £5 4s as directed by the Probation Officer. INTOXICATED DRIVER FINED Maurice Raymond Walker, aged 21, a labourer, appeared for sentence on one charge of driving a motor-car in Wilsons road on February 6 while under the influence of drink, two of negligently driving a car in Fitzgerald avenue, and two of failing to stop after an accident. On the first charge he was fined £10; his driver’s licence was cancelled, and he was disqualified from obtaining another for 18 months. On each of the two charges of negligent driving he was convicted and discharged. On each of the two charges of failing to stop he was fined £5. Mr R. S. D. Twyneham, who appeared for the accused, said that Walker had little or no recollection of the accidents he had. On his own admission he had drunk half a gallon of beer that night and he certainly was very intoxicated, so there could be no Submissions on the question of his losing his licence. Counsel said it was usual to impose a term of imprisonment in such cases, but the Court might consider probation in this instance. Walker had not had many advantages in life, but he had done unusually well as a worker and had earned and was earning good wages. He had no previous offences of any kind. He would respond quickly to the guidance of the Probation Officer, and was not likely to offend again. He would have to pay substantial amounts for the damage done to the other two cars. .. w „ The Magistrate said that if Walker had been older he would have sent him to gaol. The reports showed that Walker was not a drinker, but ordinarily was a decent young fellow who had made considerable efforts to improve his position, so the Court would treat him as leniently as possible. The fines to be inflicted would remind him forcibly that he had acted foolishly and dangerously. BREAKING AND ENTERING Clifford Charles Zimmerman, aged 27, a labourer, who appeared for sentence on two. charges of breaking and entering premises in Palmerston North and committing theft, and one of breaking and entering with intent to commit a crime, was admitetd to probation for two years. He was ordered to make restitution of £l6. The Magistrate said that Zimmerman had previous convictions which would justify the Court in treating him fairly severely. Zimmerman had a bit of a grouch against life, for it had not always been good to him. “You had better' take this chance, for it will be your last one,” said the Magistrate. PROBATION FOR THEFT Colin William Hanson, aged 17, a clerk, and Bernard Thomas Hill, aged 17, a machine operator, appeared for sentence on a charge of stealing a motor-car tyre and rim, valued at £2 UK the property of Auto Parts, Ltd. Each was admitted to probation for two years. FINED FOR THEFT Donald Lamont Havem, aged 23, a labourer, who had previously pleaded guilty to charges of aiding and abetting lan John Robin to drive a car while he was disqualified, stealing jointly with Robin the sum of 12s 6d, and having no warrant of fitness, was fined £lO on the first charge and £5 on the second. On the third charge he was convicted and discharged.

The Magistrate said that the fines would remind Havern that he could have been more heavily dealt with. The Probation Officer’s report said that he was on the way to better things. DROVE WHILE DISQUALIFIED Charges against lan John Robin, aged 17, a labourer (Mr E. B. E. Taylor), of driving a motor-car while he was disqualified, driving at a speed which might have been dangerous, purchasing liquor when he was under 21, failing to stop for a police constable, jointly stealing 12s 6d, and having no warrant of fitness were further adjourned to March 3. (Before Mr Raymond Ferner, S.M.) SHOPLIFTER FINED £lO Ethel Elizabeth Clent, aged 54, a married woman (Mr W. G. P. Cuningham), who appeared for sentence on a charge of stealing a frock, valued at £8 9s 6d, the property of Hay’s, Ltd., was fined £lO. Mr Cuningham handed the Court a medical certificate. He said that Mrs Clent was suffering from chronic fatigue and insomnia and was on the verge of breakdown. After* realising what she had done she left the frock on a chair in the tearoom in the shop. Because of her age, her health, her family and her previous clear record the Court might extend leniency and also suppress her name. The Magistrate said there did not seem to be anything in the medical situation that would make Mrs Clent steal. She had no need to steal and was not hard driven in any way. He could see no extenuating circumstances and did not think it a case for nonpublication of the name. THEFT FROM T.A.B. PREMISES Edward Clifford Osborne, aged 27, and John Cyril Halligan, aged 25, both bootmakers, pleaded guilty to a charge that on February 2 they broke and entered the premises of the Totalisator Agency Board in Hokitika and committed theft. Each was remanded to March 3 for a Probation Officer’s report and for sentence. Detective-Sergeant A. B. Tate said that the two accused left Christchurch near the end of January and went to Hokitika. They stayed with relatives for a few days, but had to leave because of their excessive drinking. They left a hotel at 2 a.m. on February 2 and decided to break into the Totalisator Agency Board premises. All they could find was £2 and a small sum in silver. They slept In-an empty railway carriage and then went to Greymouth. There they were questioned by Detective-Sergeant R. Smith and admitted the offence. All the money had been spent. THEFTS FROM HOUSES

David Henry, aged 26, a labourer, pleaded guilty to charges that he broke and entered by day the house of John Brentall Lees, in Hoon Hay road, on January 24; the house of William Lucas, in Charles street, on February’ 71 with intent to commit a crime; and tne house of Richard John Mann, in Ensors road, on February 9 and committed theft. He was remanded to March 3 for sentence pending a report by the Probation Officer.

Itetective-Sergeant A. B. Tate said that Lees, a poultry farmer, was away from his house on January 24 and there was no-one else at home. The following day he found that between £275 and £3OO had been taken from a wardrobe and that £6 5s had been taken from his daughter’s bedroom. Henry was interviewed and admitted entering the house and taking the f money. He spent all the money on taxi fares and a trip to the West Coast by taxi. On February 7 he ransacked Lucas’s house, but found nothing. When he was out for a walk on Feb ruary 9 he saw Mann leave his house and waited until he got some distance away. Henry then forced the back door open with his shoulder, searched the house and stole £3O. He seemed to make a practice of entering unoccupied houses. He had a formidable list of convictions. SISTERS CHARGED

Patricia May McGrath, a married woman, for whom Mr D. J. Hewitt appeared, pleaded guilty to a charge that on November 10 at Nelson she sold furniture which was subject to a hiie purchase agreement to Hopes (Nelson).

She was remanded to March 3 for sentence pending a report by the Probation Officer. She was allowed bail in her own recognisance of £5O and one surety of £5O on condition that she reports daily to the police. Detective-Sergeant A. B. Tate said that Mrs McGrath bought the furniture, worth £75, under a hire purchase agreement while she was living in Stoke. On November 10 she sold it to a second-hand dealer for £3O and came to Christchurch. She said she telephoned the company before she left Nelson and asked it to take back the furniture as she could not afford to transport it to Christchurch. Shirley Joyce Eiffe, a married woman (Mr Hewitt), pleaded guilty to a charge that on November 10 at Nelson she sold furniture which was subject to a hire purchase agreement with Hopes (Nelson), Ltd. She was remanded to March 3 for sentence pending a report by the Probation Officer. She was allowed bail m her own recognisance of £5O and one surety of £5O on condition that she reports daily to the police. Detective-Sergeant Tate said that Mrs Eiffe was a sister of Mrs McGrath and the facts in this case were similar to those in the preceding one. Mrs Eiffe bought furniture, worth £65 19s 6d, under a hire purchase agreement and sold it to the dealer for £l9 10s. It all had been recovered except a mattress valued at £3 19s 6d. She also telephoned the cbmpany, before leaving Nelson for Christchurch, to say she could not afford to transport the furniture to Christchurch and asked that it be taken back.

LIQUOR NEAR DANCE HALL Donald Andrew Swanston was fined £3 for being in possession of liquor near a hall at Pines Beach on January 22 while a dance was in progress. BROKE PROHIBITION ORDER Allan Stewart Anderson Laing was fined £2 for a breach of a prohibition order on January 18. . IN HOTEL AFTER HOURS Lionel Walter Hunter was fined £1 on a charge of being on licensed

premises, the Lancaster Park Hotel, after hours on December 8. REMANDED Albert Walter Gilling, aged 27, a driver (Mr A. Hearn) was remanded to February 28 on a charge that on November 23, 1954, at Christchurch, he stole a gramophone and records, valued at £l3, the property of Ethel Winifred Yaxley. Bail was allowed in a deposit of £5O and he was ordered to report ( daily to the police A man, whose name was ordered not to be published in the meantime and who was represented by Mr W. G. P. Cuningham, was further remanded on renewed bail to March 3 on a charge of breaking and entering a house by day with intent to commit a crime. (Before Mr LN. Ritchie, S.M.) BREACH OF PROBATION Brian Leonard and William O'Brien were each sentenced to three months’ imprisonment and ordered to be deported on the first available overseas ship for breaches of terms of their probation. Both were on probation for two years for being absent without leave from a ship, and had failed to report as required and to notify changes of address. They pleaded not guilty. CIVIL CASES (Before Mr L. N. Ritchie, S.M.) JUDGMENT FOR PLAINTIFFS A. J, McTainsh, Ltd. (Mr V. G. Spiller) was given judgment against E. A. Woodward, a dairy worker, for £lB 2s lid, said to be due and owing on the purchase of a vacuum cleaner. POSSESSION ORDER An order was made that Cecil Frederick McKenzie, a storeman, give the State Advances Corporation of New Zealand (Mr A. E. Jensen) possession of premises at 6 Division street, Riccarton, the warrant to be suspended provided that McKenzie pays £l7 7s 9d within three weeks and thereafter pays rent promptly within seven days of the due date. Judgment was also given for the Corporation for £l7 7s 9d owing as rent JUDGMENT SUMMONSES On judgment summonses Trevor John Clark was ordered to pay Matthew Park, Ltd., £l6 3s 9d, forthwith, in default, 14 days’ imprisonment; V. B. Stephen was ordered to pay Leslie G. Amos, Ltd., £2 7s forthwith, in default four days’ imprisonment; John Raharahi was ordered to pay James Porter Edgar £33 18s forthwith, in default, one month’s imprisonment, the warrant to be suspended as long as defendant pays £5 forthwith, £l5 on or before March 15, and the balance at the rate of £1 a week; W. J. Birchfield was ordered to pay Leslie G. Amos, Ltd., £l3 14s 9d forthwith, in default, 14 days' imprisonment, the warrant to be suspended as long as defendant pays 10s a week.