MAGISTRATE’S COURT Corrective Training For Stealing From Employer

Press, Volume XCII, Issue 27795, 21 October 1955, Page 11

MAGISTRATE’S COURT Corrective Training For Stealing From Employer

Allan John Hollis, aged 22, a shop assistant, who had previously pleaded guilty to stealing £966 14s 4d from his employer, John Russell Vincent, was convicted and sentenced to a period of corrective training when he appeared before Mr L. N. Ritchie, S.M., in the Magistrate’s Court yesterday for sentence.

Mr D. J. Hewitt, who appeared for Hollis, said that the accused had not previously been in any trouble. It seemed strange that such a large sum of money should have been taken and its loss not detected sooner. Hollis had a relation in Christchurch who would take him under his wing, find him employment, and make restitution at the rate of £2 a week. Mr Hewitt asked that Hollis be given a chance in view of his previous good record.

Theft as a servant was serious in the extreme, said the Magistrate. Perhaps the thefts amounted to even a larger sum than Hollis had admitted. Hollis knew how worried his employer had been and how much the losses meant to him. His employer had trusted him and apparently Hollis’s conscience had not troubled him at all. “Your counsel has suggested that I allow you probation or put you on a deferred sentence. I regret I cannot accede to his request,” said the Magistrate. An order was made that the sum of £1 17s 4d, which Hollis had in his possession when he was arrested, be paid to Vincent. FALSE PRETENCES

Peter Ghermenis, aged 27, a painter, who appeared for sentence on two charges of obtaining goods by false pretences, was convicted and sentenced to corrective training. The Magistrate told Ghermenis that the time he would spend in the institution would depend on his own conduct. Mr B. McClelland, counsel for Ghermenis. said there was little that could be advanced on behalf of the accused, though it apneared that he had been drinking on the day the offences were committed. Counsel said he was more concerned with the circumstances of Mrs Ghermenis and their two children. If Ghermenis was put in gaol it would inflict great hardship on his wife and family. Because of that, the Court might treat the accused leniently. The Magistrate said that, already m this country, Ghermenis had been given the benefit of two years’ probation. After that, he was sentenced to imprisonment for false pretences. He was released from prison in June and less than a month later he reverted to his old method of obtaining goods by false pretences. In his own interests, and those of society, he should receive a period of discipline and training. PROBATION FOR THEFT

Noel Thomas Fitzgerald, aged 28, a dustman, who appeared for sentence on two charges of theft, was admitted to probation for two years on special conditions that he makes full restitution as directed, takes out a prohibition order and keeps it in force for two years, and abstains from taking intoxicating liquor. Mr A. Hearn, who represented Fitzgerald, said that the accused had not been in any trouble before. Since he had come to Christchurch, his drinking habits had been extraordinary and the offences were associated with those habits. If he was placed under supervision for a period and compulsorily gave up liquor, he would become a useful citizen. THEFTS FROM HOUSES

Arthur James Broad, aged 21, a traveller, who appeared for sentence on three charges of theft from dwellings, pleaded guilty to an additional charge of breaking and entering a house at 265 Barbadoes street and stealing £5. He was admitted to probation for two years on the special condition that he makes restitution of £lO. Mr N. H. Buchanan, who appeared' for Broad, said that the accused was not a criminal type. He left home and came to a new place when he

was too young. Various people in Christchurch had offered to help him and if he was given the benefits of probation as recommended by the Probation Officer he would be given a good home and a suitable job, so he would be able to rehabilitate himself. An application for suppression of the name was refused. CHEQUE FORGED

Brian Edwin Eden, aged 18, a motorengineering apprentice, who was represented by Mr A. C. Brassington, was admitted to probation for two years when he appeared for sentence on a charge of forging a cheque for £5O. Special conditions imposed were that he does not own, buy, sell or lease any motor-vehicle during that period and that he does not drive any motorvehicle except as necessary in the course of his employment. Mr Brassington said that Eden would lose his apprenticeship and would not get another. That meant that he could never be an A grade mechanic. That was a severe punishment for a youth. He also had lost £7O through the handing back of his motor-cycle. The forgery was a stupid one and quickly detected. No money was paid out on the cheque. Eden was a first offender and the Court might admit him to probation. The Magistrate said he was prepared to give Eden another chance. DEFERRED SENTENCE FOR BIGAMY Trevor Brown, aged 26, for whom Mr D. H. Stringer appeared, was convicted and ordered to come up for sentence if called upon within two years when he appeared for sentence on a charge of bigamy. Special conditions imposed were that when his wife divorces him he marries the second woman if she so desires, and that he adequately maintains his legal wife and their two children and the second woman and her two children, whose father he is. An application for suppression of his name was refused. INDECENT ASSAULT A man, whose name was ordered not to be published and who was represented by Mt N. G’. Hattaway, was admitted to probation for two years when he appeared for sentence on two charges of indecently assaulting boys. A special condition is that he undergoes medical treatment. GIRL ASSAULTED

Peter John Phillipson, aged 17, a farmhand, who was represented by Mr W. G Cuningham, was admitted to probation for three years on a charge of indecently assaulting a girl. Special conditions are that he immediately accepts the work offered him in the country and that he keeps away from his previous place of residence. The Magistrate refused to suppress the name and said he found it difficult in the extreme not to send Phil-

lipson to Borstal even though he was 17 and had not been in trouble before. He was fortunate he had not been charged with a more serious offence. INTERFERED WITH CAR

Ronald Newman, aged 31, a garage attendant (Mr W. G. P. Cuningham), pleaded guilty to a charge that on October 16 he unlawfully interfered with a motor-vehicle, valued at £2OO, the property of Lloyd Sidney Johns. He was remanded on bail to October 27 for sentence pending a report by the Probation Officer. Sub-Inspector J. J. Halcrow said that the accused was found in the car at Little River trying to »tart it. Newman later told Constable Cromie he had no recollection of the event as he was too much under the influence of drink.

Mr Cuningham asked the Court to treat the offence as a drunken escapade rather than as an attempt to convert the car. MOTORIST FINED £l5

Raymond Frank Young, aged 38, a florist (Mr C. S. Thomas), pleaded guilty to a charge that he drove a motor-car in Bealey avenue on October 11 while he was under the influence of drink.

He was fined £l5; his driver’s licence was cancelled, and he was disqualified from obtaining another for two years. Sub-Inspector J. J. Halcrow said that a civilian saw Young getting out of a car in Gloucester street about 6.10 p.m. and notified the Christchurch City Council traffic department. Senior Patrol Officer L. Smith and Traffic Officer C. A. Baldwin saw Young drive along Manchester street at a slow speed and turn left into Bealey avenue. When the traffic officers stopped him they found him in an advanced state of intoxication and took him to the Central Police Station. He was examined by Dr. F. L. Scott and certified as unfit to drive a motor-vehicle. Young said he remembered having some whiskies about 3 p.m., but could not remember what happened after that. Mr Thomas said that Young had been in ill-health for a number of years, and suffered from a bad nervous condition. He had collapsed on a number of occasions and, when he recovered, had no recollection of what had happened. Dr. G. L. Clark examined him shortly after Dr. Scott did, and was not sure how much was due to his mental and physical condition and how much was due to the liquor he had undoubtedly had. Dr. Clark examined him three days later, and Young had almost identical symptoms except for the smell of liquor. Dr. Clark had arranged for Young to go into hospital at Hanmer Springs, and would give evidence that he was a very sick man and should not be working. , _ After hearing evidence by Dr. G. L. Clark, the Magistrate said he would sentence Young later. When imposing the sentence, he said there were unusual features in the case. The ends of justice would be met if he allowed Young to go to hospital immediately.

DRIVER’S LICENCE SUSPENDED Charles Ray Newton, aged 26, a painter (Mr R. S. D. Twyneham), pleaded guilty to a charge that he was in charge of a motor-car in Kilmore street on October 15 while he was under the influence of drink. He was fined £lO, and his drivers licence was suspended for three

months. A Sub-Inspector J. J. Halcrow said that Sergeant R. Schwass found Newton slumped in a parked car, the lights and the radio being on. There was half a bottle of vodka in the car. The sergeant wakened Newton and asked him to step on to the road. Newton had to hold on to the car to enable him to stand up. Dr. F. L. Scott certified him as unfit to be in charge of a motor-vehicle. Mr Twyneham said that Newton had some vodka after his evening jnea.L It was the first time he had tried this drink, and did not realise its potency. He was on his way to a party when he felt its effects, so he pulled his car to the side of the road and stopped. He remembered nothing more. DID NOT ATTEND PARADES

Eric Murray Hills, a labourer, was fined £3 on a charge of failing to attend military parades. Hugh Adams, a van driver, was fined £3 on a charge of failing to notify his change of address as required under the Military Training Act. HOTEL LICENSEE FINED Marwood William John Palmer, licensee of the Sheffield Hotel, for whom Mr R. E. Wylie appeared and entered a plea of guilty, was fined £lO on a charge of selling liquor after hours on August 13. The following persons were each fined £1 for being found on licensed premises, the Sheffield Hotel, after hours on August 13: Alfred Trevor Holland, Francis Joshua Alderson, John Ogden Ferguson, Margaret Larson, Raymond Towler, and Patrick Gill. CHARGE DISMISSED Edward James Foster Reid, aged a foreman carpenter (Dr. A. L. Haslam), pleaded not guilty to a charge that on August 25 at Culverden he stole eight sheets of aluminium roofing, valued at £lO 16s, the property of the L.X. Construction Co., Ltd. Detective-Sergeant F. G. Pine said that the case for the prosecution was that Reid, was employed by the construction company and, when in charge of a job on a farm at Culverden, he took the sheets of roofing to his home. He did not tell his employer until after a complaint had been made to the police. Dr. Haslam said the question for the Court to decide was whether Reid had guilty intent when he took the material. He had been very open about it and had not acted as a thief would be expected to act. He had been slack and careless because .of . drink and worry. As his employer had told the Court, he would keep Reid on if he took out a prohibition order. The Magistrate said there was a doubt in his mind and he would dismiss the charge. IDLE AND DISORDERLY

Douglas Vernon Hall, aged 21, a labourer (Mr A. W. Reed), pleaded not guilty to a charge that on October 18 he was deemed to be idle and disorderly in that he had insufficient lawful means of support He was convicted and ordered to come up for sentence within 12 months if called upon, on the special condition that he immediately accepts such work as he is directed to by the Probation Officer. REMANDED A man, whose name was ordered not to be published meantime, was further

remanded on renewed ball to October! 27 on a charge of wilful and obscene exposure. Lois Virginia Mooney, aged 36, a housewife, and Thomas Richard Mooney, aged 43, a labourer (Mr A. W. Reed), were further remanded on renewed bail to October 27 on a charge of stealing articles, valued at 355, the property of Yvonne Diane Sarginson. Linda Lilian Hamilton, aged 49, was further remanded to October 27 on a charge of being deemed to be idle and disorderly in that she had insufficient lawful means of support. POINT OF LAW Thomas Edward Johnston, licensee of the Hotel Esplanade, New Brighton, for whom Mr J. B. Weir appeared, pleaded not guilty to charges of opening his premises for the sale of liquor and selling liquor after hours on September 11. Evidence was given by Sergeant J. Jackson and Constable D. Molyneux. They said they went to the hotel on • Sunday, September 11,' and found Johnston and a man named Henry . Wilfred Sumner within the entrance. ; Sumner had a parcel containing four ■ bottles of beer. Johnston said that they had a bet on the Saturday on ) the result of the Australia v. Canter- . bury Rugby football match. Sumner , won and had called to collect his winnings. Sumner had made a similar statement. Mr Weir said that there was no ‘ sale of liquor and no consumption of 1 liquor, so there was no offence. 1 The Magistrate adjourned the case to October 27 to give the police an ; opportunity to find legal authorities in support of their case. CIVIL CASES r (Before Mr Raymond Ferner, S.M.) . JUDGMENT FOR PLAINTIFF 1 The Butler Cycle and Motor ComJ pany, Ltd., was given judgment against > T. Clark for £3 10s. ' JUDGMENT SUMMONSES On judgment summonses Arthur » Rennie was ordered to pay Mmy Lydia 1 Stephens £23 16s forthwith, in dei fault 26 days’ imprisonment, the war- ? rant to be suspended as long as def fendant pays £1 a week; N. Gibbs . was ordered to pay H. R. Moore £6 1 8s 7d forthwith, in default seven days’ 5 imprisonment, the warrant to lie in g Court for three days after service of > the order; G. Camerson was ordered t to pay the Drapery and General Importing Company, Ltd. £ll 17s lOd a forthwith, in default 13 days’ imprison- . ment, the warrant to be suspended as 2 long as defendant pays £1 a week; _ T. R. McKenzie was ordered to pay _ the same creditor £l3 16s lid fortht with, in default 14 days’ imprisonment, _ the warrant to be suspended as long t as defendant pays £1 a week; James _ Walter Myles Taffs was ordered to ! pay Wilfred Claude Watkins £47 3s forthwith, in default 50 days’ im- . prisonment, the warrant to be sus- ■ pened as long as defendant pays £1 ’ a week; M. Goodmanson was ordered to pay Saundercock Bros.. Ltd. £ll 7s 2d forthwith, in default 13 days’ ° imprisonment, the warrant not to be ’’ .issued until five days after service of

the order; A. E. Milligan was ordered to pay C. S. Thomas, Thompson and Hay £l3 19s Id forthwith, in default 15 days’ imprisonment, the warrant to be suspended as long as defendant pavs £2 a week; H. Seddon was ordered to pay Bradley Bros., Ltd. £36 6s forthwith, in default 38 days’ imprisonment, the warrant to be suspended as long as defendant pays £1 a week: T. S. Wilson was ordered to I pay Universal Business Directories, Ltd. £ll 2s, in default 13 days’ imj nrisonment, the warrant to lie in Court for three days; E. Dickinson was ordered to pay A. Clifford £9 16s forthwith, in default 10 days’ imprisonment, the warrant to be suspended as long as defendant pays £1 a month; Alfred Albert Smith was ordered to pav Charles Begg and Company, Ltd. £2l 8s lid forthwith, in default 23 days’ imprisonment, the warrant to be suspended as long as defendant pays £3 a week.