Magistrate’s Court WOMAN SHOPLIFTER'S NAME SUPPRESSED

Press, Volume XCVII, Issue 28701, 26 September 1958, Page 6

Magistrate’s Court WOMAN SHOPLIFTER'S NAME SUPPRESSED

A woman who admitted two charges of stealing toilet, cosmetic, and haberdashery articles valued at £3 Os 3d from Woolworths, Ltd., on August 25, and between January 15 and August 25, and who told the police she had taken goods “on impulse" from the firm “every now and then,” had her case adjourned for sentence to October 2 when she appeared before Mr Raymond Ferner, S.M., in the Magistrate’s Court yesterday.

The Magistrate granted suppression of the woman’s name after her counsel, Mr A. C. Perry, had said it was her first appearance in Court and submitted a doctor’s certificate “showing some reason for her trouble.’’

“It is unusual to forbid publication of the names of people appreherided for shop-lifting, but it appears the accused is seriously ill, and it may be that that was responsible for her offences,” th? Magistrate said. At 2.12 p.m. on August 25, a shop inspector at Woolworths had noticed the woman take two pairs of socks from the children’s-wear counter and move away without paying for them, said Sergeant E. S. Tuck. The worrtan was then seen to go to the haberdashery counter, where she took a piece of lace, two cards of domes, a roll of adhesive tape, and a reel of cotton, for which she made no attempt to pay.

At the confectionery counter she took five rolls of chocolate, and at the plant counter, two bulbs. She then went to the kitchenware counter and took a plastic spoon. “A section manager asked the woman to return to the manager’s office when she had left the shop,” said Sergeant Tuck. “The police were called, and she admitted stealing the articles, saying she must have taken them on impulse. At the time, she had £6 7s 6d in her possession. Home Searched “When her home was searched, other stolen property was found in various drawers in her bedroom,” Sergeant Tuck said. “She admitted stealing these goods from Woolworths since January 15, and said she had taken goods every now and then when in town.’’ The value of the goods stolen on August 25 was 12s 6Jd and the value of the stolen goods found in the woman’s home was £2 7s 7jd, said Sergeant Tuck. These latter goods were: A powder puff, two tins' of tablets, a roll of adhesive tape, two pairs of ear rings, a broqch. two tins of make-up, a roll of adhesive plaster, a card of safety pins, three packets of tablets, two containers of deodorant, a large packet of tablets, a first-aid dressing. eight cakes of soap, and a bottle of scent. The accused lived alone and was in receipt of an age benefit of £l7 17s fid a month, added Sergeant Tuck. She had not previously been before any Court MANSLAUGHTER CHARGE A charge of manslaughter against Cyril Campbell Steel, aged 35 (Mr B. J. Drake), was adjourned to October 15. \Steel was alleged to have caused the death of Allan Kevin Morwood by *the unlawful act of opening a car door. GAOL FOR THEFT “Unfortunately I am unable to admit you to probation for a third term, as it is quite evident you did not respond,’’ said the Magistrate when sentencing Arthur Ronald George Walker, aged 21, to three months’ imprisonment, and admitting him to probation for one year. Walker was appearing for sentence on a charge of theft of a motor valued at £3O on August 25. Mr P. G. S. Penlington, who appeared for Walker, asked that he be given a suspended sentence. He had not been in trouble for three- years and a half. Walker had been held in custody for a week, and this had been a sharp lesson to him. He was of limited intelligence and did not fully realise his social obligations. At the time the offence was committed he was very heavily in debt and had been unemployed for eight weeks, and stole the motor to pay for food and rent. Imprisonment would cause great hardship to his wife and young child. Walker' was ordered to make restitution of £7. CATTLE STEALING Two men who admitted shooting and taking away the carcase of a calf from a property on Balmoral road, Culverden, while out spot-light shooting from a truck on the night of July 7 were each convicted and fined £5 for theft. They were Raymond Lambert Richens, aged 27, a sawyer, and Jack Edward Mclntyre, aged 28, a. workman. A third man involved in the joint charge, Glen Howard Nicol, who was alleged by Mr B. J. Drake, counsel for the first two men, to be “perhaps the ringleader,’’ failed to appear, and a warrant was issued for his arrest.

Richens and Mclntyre were each ordered to pay £4 17s 6d restitution, being a third share of the value of the calf, which belonged to the Waipuna Farming Company. The calf, one of a number delivered to the company’s farm in May, had strayed off into a turnip patch in another area, but on July 8 was noticed missing, said Sergeant E. S. Tuck. “As a result of rumours circulating in the Culverden district, the police were informed and the men interviewed.’’ he said. “Richens said that they had come upon the calf while spotlight shooting for deer, and he had been told it was not branded and had no earmarks, and did not belong to anybody.’’ Richens had admitted shooting the calf with a .303 rifle and loading the carcase on the truck, said Sergeant Tuck. It was later cut up and shared out. “It was an isolated offence—there is no suggestioh that these men have been making a practice -of -stealing livestock,’’ he said. “The calf had been unbranded, and the only thing which mill-' tated against a possible plea of not guilty was the fact that it was on a fenced paddock.’’ said Mr Drake. “There are reputed to be wild cattle in the hills beyond Culverden. and Richens may have had that in the back of his mind.’’

Although Richens shot the calf, it was Nicol who had cut its throat and finally killed it, and taken half the carcase—“he was perhaps the ringleader.’’ said Mr Drake. Mclntyre had remained

in the truck while the calf was killed.

Richens and Mclntyre had admitted an offence which as a rule carried imprisonment and was seriously regarded in a farming community, said the Magistrate.

“I am prepared to think you two were not the ringleaders,’’ the Magistrate said, fining them each £5. “You have been lightly dealt With—take this as a warning.’’ MEDICAL REPORT SOUGHT A man whose name was suppressed was remanded on five charges of indecent assault on a female, alleged to have occurred on August 30, and between January 1 and July 31 last, and two charges of indecent assault on a male, alleged to have occurred on August 31, and between January 1 and July 31 last. The Magistrate remanded the man for observation and a report under section 8 of the Mental, Health Act without taking any plea.

When the first charge was read, the Magistrate asked the man’s counsel, Mr H. W. Thompson, if he were satisfied his client was fit to -plead. “The offences alleged are most unusual—it is a question as to his capacity and as to what is the best thing to do with him, sir,” said Mr Thompson. “He does pose a problem.” “The investigating officer came to some conclusion regarding this man’s mental capacity. The type of these alleged offences does disclose something which requires investigation,” said Sergeant E. S Tuck. The Magistrate: It may well be that this Court would want to obtain a report under section 8 of the Mental Health Act, and it may as well be done at this stage, not only on the charge that has been read, but on the whole four charges. On all charges the accused is remanded for observation and a report. BORSTAL TRAINING John Alexander Laloli, aged 20, who was described by his counsel as “a curious contradiction, a young man who has been well thought of, particularly in sporting circles, but who must from time to time stoop to dishonesty, where he is always found out,’* was sentenced to Borstal training when he appeared for sentence on a charge of theft of £l9 on August 29 at Christchurch, and four further charges of theft and false pretences involving a total of £37 3s.

For Laloli, Mr B. J. Drake said he had been heavily in debt to the extent of £2OO, and had also been off work on a social security sickness benefit for a back injury. He had found it impossible to live and pay his board on the amount of the benefit, and had attempted to get work, but without success.

“It is common knowledge that for the casual labourer with no experience it is not as easy as it was to find work,” Mr Drake said.

The additional charges, on which Laloli was called up for. sentence, after being placed on probation on July 7, had been committed in May and June’last, when he had been acting as a coach of teams organised by Hay’s Sports Club, the prosecution skid. Laloli had obtained cheques to pay for travelling bookings for teams and had cashed the cheques and appropriated the money. , r The Magistrate sentenced Laloli to Borstal training.

THEFT OF FISH Three men who had been drinking all the afternoon decided in the evening they would like a fish supper, so they took a hammer and a lever, broke into a Colombo street shop, and stole two cases of fish, said Sergeant V. F. Townshend. Francis Ronald Tait (Mr B. J. Drake), Benjamin John Berrett (Mr W. F. Brown), and Maurice George Shaw (Mr P. G. S. Penlington) were remanded to October 2 for a probation officer s report and sentence. They pleaded guilty to a joint charge of breaking and entering a shop and committing theft. Neither the fish nor the two cases, of a total value of £4 2s 6d, had been recovered, said Sergeant Townshend. Shaw was granted bail of £IW. with one surety of £IOO. Tne other two men were remanded in custody. THEFT FROM tOCKER-ROOM A man who pleaded guilty to stealing £4 from clothing in a locker room at the Christchurch Gas Company’s works on June 24, was remanded to October 2 for a Probation Officer’s report and sentence. He was Thomas Riwi Bennett, aged 26, a linesman, of Rangiora. Sergeant E. S. Tuck said that Bennett admitted stealing the money when interviewed after a complaint from John Windsor, the owner of the money. Bennett had said he had taken the money to pay an instalment on furniture bought under hire-purchase and to pay for food. On the application of Mr D. J. Boyle, bail .of £SO. with one surety of £SO, was granted. Bennett to report daily to the police. “STUPID PRANK” A driver, who swerved on the Main North road to avoid what appeared to be a body, overturned his van and caused £lB worth of damage, said Sergeant E. S. Tuck, when prosecuting Neil Albert Cumming, aged 20, a factory worker, who pleaded guilty to a charge of placing an\ obstruction on the roadway. Cumming was ordered to come up for sentence, within two months if called on and to make restitution of £lB at the rate of £2 10s a week. The driver of the van had found a well-constructed dummy on the road, and when the defendant was questioned by the police he admitted placing it there. Cumming said he did it to give passing motorists a scare and he did not realise the danger. Sergeant Tuck said. “As a result of your stupid prank you did £lB worth of damage. so an appropriate remedy is that you should pay for it,” said the Magistrate. THEFT FROM EMPLOYER A girl had stolen £1 from the shop where she was emplqyed by Ringing up £1 less on a cash register than the cost of a fur stole which a. customer had bought, said Sergeant E. S. Tuck. The girl pleaded guilty to the theft of £l. When interviewed by the police

the girl admitted taking the money to help her mother who was. about to enter hospital. The charge was adjourned to October 2, and on the application of Mr H. S. Thomas the accused’s name was suppressed. ALLEGED PROBATION BREACH A seaman who had been ordered in the Wellington , Magistrate's Court to be deported was found living in Christchurch under a false name. Sergeant V. F. Townshend said. Alexander Simpson toewar, aged 24, was remanded on bail to October 28 on a charge of a breach of his probation in that he failed to report to the Wellington wharf police as directed. Dewar was represented by Mr G. S. Brockett. Dewar had been charged with robbery under the name of William Grant, and had been remanded to the Supreme Court for trial. He asked that the matter be stood over until then. CAR CONVERSION Because his own car was punctured a youth took another one from the yard of the firm where he was employed and drove to Lyttelton and back, said Sergeant E. SjTuck. Robin Arthur Brimson, aged 18, who pleaded guilty to a charge of converting a car valued at £750, the property of Shirley Frances McLeod, on September 16, wgs remanded to October 2 for sentence. Bail was granted at £5O with one surety of £5O, and he was ordered ttf report daily to the police. Brimson said he had promised to take three friends to see the Dominion Monarch, and he did not want to let them down. THEFT OF WIRE Peter Laurance Harkess, a workman, who pleaded guilty to the thef* of 65 yards of copper , wire, the property of the Post and Telegraph Department, was fined £5. LIQUOR AT DANCE For having liquor at a dance at ■ Tai Tapu on July 5, Barry Arnold Colenso was fined £5. TRESPASS . Norman William Bradley was ’ fined £3 for trespassing on a I racecourse on August 2. REMANDED i i Clifton Halliday, aged 38, a workman (Mr G. Lascelles) was remanded to October 2, when . charged with the theft of a carpet ! valued at £5O the property of I George Frederick Hodgson. Halliday pleaded guilty. J (Before Mr A. P. Blair, S.M.) i THEFT OF PASTRY 1 Charged with stealing a quants ity of uncooked puff pastry valued ■ at six shillings, the property oi I his' employers, Birdseye Foods i (N.Z.) Ltd., Brian John Raven, t aged 18, a workman, was remanded for a probation officer’s ret port. Bail was renewed. He . pleaded not guilty to the charge, i Sergeant V. F. Townshend pro- . secuted.'

Mr B. G. Dingwall; counsel for Raven, said that the charge was tragic, because on the day previous to the alleged theft, Raven had been placed on probation on charges of petty theft. It was almost a form of victimisation. He called evidence from Alan Stewart MacDonald, a past employee of the firm, and Alister Harold Gosney, an employee of the firm, who both said that they had taken pastry previously. MacDonald said that a charge hand had given him permission to take pastry the ddy after Raven«’s alleged theft. He had taken 16 pounds of pastry. He thought it was the usual practice. “There is no doubt that Raven took the pastry and that he did not have permission,” said the Magistrate. “The defence is that he acted innocently in the matter, that he thought he had permission on the ground that there was a general permission for employees to take pastry.” There was no evidence that sthere was any such general permission and it was clear that even in the case of scrap pastry it was necessary to get permission, the Magistrate said. “This particular pastry was not scrap pastry,’’ he said. | Raven’s evidence had showed that he was aware that the other employees had been given permission. said the Magistrate. Mr Dingwall again submitted that the offence was trivial and that Raven should be discharged. I “The amount is trivial, perhaps, but theft from an employer is not; trivial,” said Sergeant Townshend.

On further submissions from' Sergeant Townshend, the Magistrate held that there ’ was no evidence of victimisation. |