MAGISTRATE’S COURT Seven Days’ Imprisonment For Intoxicated Drivers

Press, Volume XCIV, Issue 28130, 20 November 1956, Page 17

MAGISTRATE’S COURT Seven Days’ Imprisonment For Intoxicated Drivers

Brian William Black, aged 27 a freezing worker (Mr R. B. Shand) / Uil ! y in the Magistrate's Couj-t yesterday to a charge of driving htfl2en°p r e Ca e he was under th « influence of drink, in O’Briens road on November 10. ' s hU I convicted and sentenced to seven days imprisonment. His driver s n.,=r e e e a Wa . s cance Hed and he was dismonths'* from obtaining one for 18 k„I he . Poiice case was that Black had meeting Canterbury Jockey Club's meeting at the Riccarton racecourse on Saturday, November 10 At 445 p.m. he was stopped by Traffic Officer Nee Men at the corner of Tr?mn n m road . T al ? d Racecourse road, imm ♦ Necklen considered him d £ lve and sent for traffic °® er .C' S. Hansen, who took the accused to the police station. Both the drive officers considered him unfit to

h .. a^ CU ? e .l “freely admitted” having about 20 five ounce beers” at r ® J a £? B ' ?F£ e ?, nt R ' W ' Hope and Constable McCallum, who saw the accused in the watchhouse, also considered him unfit to drive. Constable McCallum said that the accused s condition improved rapidly m the watchhouse. At 5.35 p.m. the accused was examined by Dr. K. J. ° Connor who considered that accused was probably fit to drive.” The Magistrate said that on Black’s own showing he had had at least 20 soz beers and by any standard that W u S *u c °n sl derable quantity of beer not 6 - r " e W3S 3 steady drinker or EARLY MORNING OFFENDER Norman Henry Stokes, aged 41, a cook (Mr J. G. Leggat), pleaded guilty to a charge of driving a car in Cashel street while he was under the influence of drink, on November 11. He was convicted, and sentenced to seven days’ imprisonment, and his drivers licence was cancelled and he was disqualified from obtaining another for 18 months. J- J- Halcrow said that at 1.8 a.m. on November 11 traffic officers H. J. Hammett, E. J. McJarrow and M. H. Loughlin saw the accused’s car weaving about the road. They stopped the car and took the accused to the ponce station. He was examined 20 minutes later by Dr. F. L. Scott who considered him unfit to drive.

Mr Leggat said that the accused was employed as a cook at the Royal New Zealand Air Force station. Wigram. The offence had occurred at a time when there was little traffic, the accused had been driving slowly, and Dr. Scott’s report had not indicated any grossness. The accused lived six miles from the R.N.Z.A.F. station and had to start work at 4 a.m. every second morning. If he lost his licence he would have to go in taxis. Although the accused was driving slowly, he could have killed someone, said the Magistrate. He saw no reason to discriminate between Stokes’s case and any other. DECISION RESERVED Andrew Keith Begg, aged 28. a hospital attendant (Mr W. F. Brown) pleaded not guilty to a charge of driving a motor-van while he was under the influence of drink or drugs in Lincoln road on November 10. and to driving a motor-van after having been previously warned by a traffic officer not to drive. Dr. F. L. Scott said he examined Begg at 7.15 p.m. on November 10 and considered he was fit to drive a motorvehicle.

Traffiic Officer H. J. Hammett, of the Christchurch City Council’s traffic department. said that when on duty in Moorhouse avenue he saw a man going at an excessive speed. He gave chase and saw the accused, the driver, was not keeping a direct line. He stopped the van and found the driver was unsteady on his feet and smelt strongly of liqurr. He warned Begg not to drive for at least two hours and to leave liquor alone. Witness parked the van correctly on the side of the road and Begg asked him to order a taxi. Witness then resumed his patrol and later saw the van pulling out from the kerb. When the driver was spoken to about the warning he had been given he said his motor-van had been incorrectly parked. When he arrested Begg witness told him that in his opinion he was not fit to drive. There were keys in the car but they appeared to be stuck and he left them. Sergeant R. W. Hope said the accused was brought to the police station at 6.55 p.m. and seemed rather befuddled when asked about the warning given him by the traffic inspector. He said the car had been wrongly narked and he was shifting it to avoid a further appearance in Court. Witness impounded the ignition keys after Dr. Scott’s examination as he considered accused not fit to drive. Begg did not appreciate the action taken by witness.

Mr Brown submitted that the police had not proved the charge as a charge of this nature should be proved. The traffic-inspector had said it was a border-line case, the doctor’s evidence was that he was fit to drive, and the two police officers thought he was not fit to drive. It came to a question of a difference of opinion between the doctor and the nolice officers. The Magistrate said that he would not enter a conviction on the charge of driving when under the influence of drink. The charge was dismissed. On the charge of not obeying the orders of a traffic officer, Mr Brown

said if. in the opinion of competent authority, a driver was not in a fit physical or mental condition to be in charge of a car there was authority to render the vehicle immobile by taking the keys. The traffic officer had not thought it worth while to take the keys. He conceded the traffic officer had acted snortinglv and his client had behaved foolishly. Begg, however had not been definitely forbidden to drive. The Magistrate said he would take time to consider his decision. On a charge of driving a motorvehicle without a warrant of fitness Begg pleaded guilty and was fined £l. NAME SUPPRESSED An 18-year-old youth, whose name was ordered not to be published, and who was represented by Mr H. S. Thomas, appeared for sentence on a charge of attempting to steal a gallon of petrol. He was convicted and released on probation for one year. BORSTAL TRAINING Frank Richard Turner, aged 18, a clerk, who appeared for sentence on two charges of theft and three of false pretences, was sentenced to Borstal training. The Magistrate said that, though Turner had not been before the Court before, the Probation Officer’s report made it clear he had been warned time and again. When he appeared before the Court previously on some of the present charges he passed one of the valueless cheques after he left the Court.

“You have flouted all help. You have stolen and stolen. I can only conclude that the Probation Officer is correct when he says you need institutional training,” said the Magistrate.

YOUNG MAN GIVEN PROBATION A young man, whose name was ordered not to be published and who was represented by Mr J. G. Leggat. was admitted to probation for two years when he appeared for sentence on charges of breaking and entering. He was ordered to make restitution of £56 as and when directed by the Probation Officer. Mr Leggat said that the Court probably had never had to deal with a sadder case than this. The accused

had given promise of the brightest of futures and all his achievements might be set at naught by one act of incredible folly. He had an unfortunate fortuitous meeting with another man, older and more sophisticated. The accused was drunk and depressed. Mr Leggat said he was confident the accused would never trouble a Court again and he could be released on probation. Counsel also asked that the name be suppressed. PRISON FOR THEFT Edgar Thomas Harlen, aged 26, a painter (Mr J. G. Leggat), who appeared for sentence on a charge of theft from a dwelling and one of being unlawfully on enclosed premises, was sentenced to three months’ imprisonment to be followed by one year’s probation. SUSPENDED SENTENCE Cardigan John Charles Petterson, aged 55, a metal worker, appeared for sentence on a charge of being idle and disorderly. Sub-Inspector J. J. Halcrow said that when accused appeared last week he had told the Court that he had a job with a city firm of engineers, but the firm denied that he was in its employ, and had not been for 16 days before his arrest. Accused had had previous convictions. In answer to the Magistrate Petterson said he had had tonsillitis. The Magistrate told accused he was not very reliable. He was convicted and ordered to come up for sentence within 12 months if called on. ADMITTED TO PROBATION Helen Te Aroha Nathan, aged 19, a cook (Mr H. S. Thomas), appeared for sentence on a charge of stealing a handbag and contents valued at £l2 ss, the property of Mary Miller, on October 19. Accused was admitted to probation for two years and ordered to make restitution of the sum of £2 ss. In passing sentence the Magistrate said accused had a long history of petty thieving and a repetition of the offence would mean a period of Borstal training. This was her last chance. THEFT OF MONEY Earl Francis Williams, aged 29, a workman, was remanded to November 26 on a charge of breaking the terms of his release on probation in that he failed to notify his change of address. -To a further charge of stealing £lO, the property of Joseph Repia at Palmerston North on September 6, Williams pleaded guilty, and was remanded in custody to November 26 for a probation officer’s report and sentence. Senior-Detective J. B. McLean said accused had gone to a camp at Palmerston North, and from a coat hanging on the door of Repia’s hut he had taken two £5 notes. His explanation was that he had taken the money because he was short of cash and had spent it. Accused had a number of previous convictions.

CONVERSION OF BICYCLE Bruce Edward Lucinsky, aged 21, a labourer (Mr B. J. Drake), appeared for sentence on a charge of unlawfully converting a bicycle valued at £lO at Christchurch on November 4. Mr Drake said the probation officer had made much of the allegation that accused had been keeping companv with undesirables, but accused denied that any association had had any effect on his character. He suggested accused might be given one more chance to make good. The Magistrate said that in August accused had been convicted of shopbreaking and theft, and since then his conduct did not suggest any appreciation of the leniency extended by the Court, which must now come to an end. He required some form of discipline. He would be convicted and sentenced to Borstal training.

MEDICAL EXAMINATION SOUGHT When John Brian Elliott, aged 27 a student, appeared for sentence on seven charges of breaking and entering his counsel, Mr A. D. Holland, said it was a tragic case, for the accused had some mental disorder which affected him. He was examined by three doctors three years ago when he appeared on charges of arson. The accused was in the building for four hours and caused a lot of destruction. There was a parallel between the present and previous offences. His previous term in prison had not prevented him from committing other senseless offences.

Counsel asked that Elliott be remanded in custody so that he could be examined by Dr. W. Ironside, the psychiatrist at the Dunedin PublicHospital. Friends were willing to pay for the prolonged treatment that would be necessary. Unless Elliott was given proper psychiatric treatment, there was going to be more damage to property.

The Magistrate said he was not disposed to give Elliott his liberty in the nnal analysis. “I am not satisfied that he has not all the equipment to his hand to reform himself. I am not prepared to let him loose unless Dr. Ironside convinces me that I can take the risk of admitting the accused to probation. Mr Holland, if you can arrange with the prison authorities * r u .ott to be given an opportunity of being examined by Dr. Ironside 1 » P re P ar ed to adjourn the case U a J* - a t er -” said the Magistrate. case had been stood down, the Magistrate told Elliott he would remand him until Wednesday to allow his counsel to take such steps as he could m regard to having him examined by Dr. Ironside. REMANDED

Brian Dayid Hill, aged 21, a linesman (Mr P. G. §. Penlington? charged with stealing an alarm clock X alued at fl, 2s, the property ol Eva Mary Aitken, on November 2, was remanded to November 26. Bail was allowed in the sum o£ £lO with one surety of £2O.

.A charge of driving a motor-van in Division street while he was under the influence of alcohol, on November U, a g ainst Raymond Cecil Wyness, a ged 34, * a shopkeeper (Mr D. E. Ames), was adjourned to Decembers. Jack Taylor, aged 33, a workman, was remanded to November 26 on a charge that on November 17 he unlawfully got into a car, the property of Mona Emily Jones. He was allowed bail of £5O and one surety ,£5O on condition that he reports daily to the police. Roger Owen Jones, aged 21, a railways employee, was remanded to November 26 on a charge that on November 17 he unlawfully got into a car, the property of George Joseph Benny. He was allowed bail of £5O and one surety of £5O on condition that he reports daily to the police. Derek Thomas Hyett, aged 22. a labourer (Mr W. F. Brown), was remanded on bail to November 26 on a charge of driving a motor-cycle in Gloucester street on November 17 while he was under the influence of drink. Ronald Black, aged 45, a builder (Mr P. G. S. Penlington), was remanded on bail to November 26 on a charge of driving a motor-car on Fitzgerald avenue on November 16 whilfe he was under the influence of drink. Warwick Dailey, aged 27, a topdressing pilot (Mr W. F. Brown), was charged with being in charge of a motor-car in Deans avenue on November 16 while he was under the influence of drink. He was remanded on bail to November 26. Ernest Allan John Galbraith, aged 20, a driver’s assistant, was remanded to November 26 on a charge that on November 18 he unlawfully attempted to take a motor-car, valued at £325, the property of Walter Reginald Clough. He was allowed bail of £5O and one surety of £5O on condition that he reports daily to the police.