Magistrate’s Court YOUNG MAN CONVICTED ON TWO CHARGES

Press, Volume XCVIII, Issue 28895, 15 May 1959, Page 9

Magistrate’s Court YOUNG MAN CONVICTED ON TWO CHARGES

Colin Malcom Hardaker, aged 20, a motor mechanic (Mr B. J. Drake) was fined £5 on a charge of assaulting Bruce William Gardiner on March 8, and was ordered to make restitution of £36 17s 8d on a charge of wilfully damaging a plate glass window, the property of Simpson and Williams, Ltd., on March 8, by Mr N. M. Izard, S.M., in the Magistrate’s Court yesterday. Hardaker pleaded not guilty to both charges. Bruce William Gardiner, aged 18, an apprentice painter and paperhanger, said he was speaking to a girl in Cathedral square about 7 p.m. near the Plaza Theatre when Hardaker accused him of sending his brother to Borstal. Hardaker grabbed hold of his lapels and pushed him backwards and forwards. They started to walk to his father’s place, said Gardiner, and near Stewart Dawsons, Ltd. Hardaker grabbed the lapels of his coat and tried to force him into an alleyway. Hardaker punched him in the jaw and the stomach. The witness said he ran off and asked a woman with two children to help him but Hardaker told them “to keep out of it” and they moved off. “I grabbed Hardaker outside Simpson and Williams, Ltd., to prevent him hitting me again and we both went down,” said the witness. “Hardaker hit me and we crashed through the plate glass window.” Gardiner said he ran to the Square and got a taxi and went to the police station and reported the matter. To Mr Drake, Gardiner said Hardaker had alleged that he had told lies and got his brother sent to Borstal. Gardiner admitted committing certain offences and that he was on probation until he was 21. Walter William Percival, licensee of the White Hart Hotel, said he had seen. Gardiner strike Hardaker who had retaliated. In the scuffle Gardiner had gone through Simpson and Williams, Ltd., window.

Hardaker had admitted to him that it was his fault and said he had plenty of money to pay for Hi® „ dama S e « said Constable T. W. Miller. Gardiner had some cuts on the face but Hardaker had none.

j ?' Ir , Drake submitted that the defendant could not be given all the blame for the broken window. Gardiner had said that he grabbed the defendant on this occasion, and if he had not done so the window would probably not have been broken.

The Magistrate said he was satisfied that the defendant had been the aggressor. GRANTED PROBATION The accused confessed to a number of offences, some of which had not been reported to the police, after he had been arrested when he was found unlawfully on the enclosed premises of Bonner’s Tourist Hotel, said Mr A. D. Holland, who appeared for John Reginald Valentine White, aged 22. White was admitted to two years’ probation when he appeared for sentence on charges of theft of goods valued at £B, breaking, entering and theft, conversion of a power cycle valued at £5O, breaking and entering with intent, and being unlawfully on enclosed premises. White had pleaded guilty to all charges.

The accused suffered from an inferiority complex and selfconsciousness and had resorted to drink, Mr Holland said. If he had not been perfectly frank with the police some of the offences would never have been discovered.

Although the offences were regarded as serious, some of them had come to light as a result of White’s own confession, the Magistrate said. He had only one minor conviction, and would be placed on probation and ordered to make restitution of £l2 10s. ASSAULT ON FEMALE “You should be thoroughly ashamed of yourself, a boy of your age drinking sherry with a girl late at night. You should leave drink alone until you are older and have more discretion,” said the Magistrate yrhen admitting John Lawrence Smith, aged 17, a shop assistant, to two years’ probation when he appeared for sentence on a charge of assaulting a female on May 1. Smith, who was represented by Mr D. J. Hewitt, had pleaded guilty. It was clear that the offence was partly due to the consumption of liquor, and that the accused was a young man who had too much latitude, Mr Hewitt said. “Smith, if you had been older you would have been sent to borstal,” said the Magistrate. An application for the suppression of the accused’s name was refused. PETROL THEFT “The view that stealing from the Government is not as serious as stealing from an individual is held by many persons, but nothing is further from the truth as Government property is held on trust for the community,” said the Magistrate when fining lan Murray Clegg, aged 26 (Mr P. G. S. Penlington) and Neville Kitchingham, aged 20 (Mr D. J. Boyle) £2O on a charge of stealing a 44 gallon drum of petrol and a petrol pump valued at £l4 13s 4d at Waipara on April 22. Both men had pleaded guilty to the charge and were appearing for sentence. Mr Fenlington said this was a case of an average wage earner indulging in a luxury sport. Clegg had over spent on his fishing launch and resorted to crime to make up the difference. He had since sold the boat at considerable loss. Clegg took full responsibility for originating che crime. It was a stupid escapade and it was unlikely that Kitchingham would offend again, Mr Boyle said. OBSTRUCTION OF POLICE Richard James Holahan, aged 20 (Mr H. S. Thomas), was fined £5 for obstructing the police and £2 10s for assaulting the police onMay 9. He pleaded not guilty to both charges. He was on duty about midnight at the corner of Lichfield and Manchester streets and saw a vehicle being driven in what he considered a dangerous manner, said Constable B. A. Murray. He stopped the vehicle and two persons were arrested. One of these ran off down the street and it appeared the driver was about to get in the car and drive off. He attempted to take the keys and the accused pushed his hand away. He told the accused that if he tried to stop him he would be arrested for obstruction. The ac-

cused again pushed his hand away causing a cut to one finger and the key was broken off in the ignition. Holahan said he pushed the constable’s hands away from the ignition keys as he considered he had no right to them. Brian Leslie Bishop, aged 18, unemployed, was fined £7 10s on a charge of obstructing a constable in the execution of his duty, which arose out of the same incident. The accused had intervened when the driver of the car, who would appear in the Children’s Court, had assaulted the constable, said Sergeant T. A. Marson. The accused had said to the constable: “You can’t arrest him” and after he was warned he was arrested. INTERFERED WITH PROPERTY “There have been a number of complaints about the slowness in getting the work done on Memorial avenue, but this kind of conduct does not help the contractors to get on with thd job,” said the Magistrate when fining Charles Neville Britt, aged 31, £5 on a charge of interfering with property on March 5. For some, months Memorial avenue had been under reconstruction and the contractors had to put wire ropes and drums across the road, said Sergeant E. S. Tuck. These had been removed, particularly at night, by unauthorised persons and the matter had been reported to the police. A constable had kept watch and about 6 a.m. on March 5 he had seen the defendant, who was the driver of a bread van, drive up on to the footpath, Sergeant Tuck said. The defendant had then proceeded to remove a post. The defendant had told the constable that he considered that the detour around Hamilton avenue was too far because of the price of petrol. DISCHARGED “It is a pity in cases such as this that the shop people cannot exercise some discretion,” said Mr B. J. Drake when he appeared for a married woman, aged 59, who pleaded guilty to a charge of stealing lipstick, a comb, bulbs, packets of seeds and plants valued at Ils B|d, the property of ' Woolworths, Ltd., on April 17. The ■ woman, whose name was suppressed, was discharged without « conviction after the Magistrate 1 said he agreed with Mr Drake’s ‘ comments. 1

The defendant had a long record of ill-health and the day the offence was committed she went into a shop in town for the first time for many months, Mr Drake said. She was unable to use the bulbs, seeds and bundles of plants because a disability made gardening impossible. The offence had arisen because of her emotional state and ill-health and her appearance in Court had been an upsetting and almost terrifying experience. There was a lack of criminal intent

THEFTS ON BREAD ROUND While employed as a roundsman for Stacey and Hawker, Ltd., bakers, the defendant had received sums of money amounting to £44 7s 4Jd from customers but had kept the money instead of paying it to the firm, said Sergeant Marson when Kenneth Edward Maynard, aged 29, a driver, pleaded guilty to the theft of the sums of money on December 12, and between December 12 and March 13. He was remanded to May 21 for a probation officer’s report and sentence. Bail was allowed in his own recognisance of £5O, with a surety of £5O. Sergeant Marson said the charge had arisen from a complaint by the secretary of the firm qn April 17. The defendant was interviewed later and admitted receiving the money and keeping it for his own use. His only explanation was that he had spent the money on liquor.

CORRECTIVE TRAINING “Your record of crime makes sorry reading and you have not taken advantage of leniency extended to you in the past,” said the Magistrate when he sentenced Jack Wipa, aged 24 (Mr R. S. D. Twyneham) to a term of corrective training on a charge of theft of £lO on January 26. The Magistrate described the theft, from an elderly woman, as a “particularly despicable one.” Mr Twyneham said the present offence arose from the accused’s association with a woman, who had taken some part in the theft. CONVERSION CHARGE A youth aged 18, whose name was ordered not to be published, was discharged without conviction under Section 42 of the Criminal Justices Act, on a charge of converting a motor-car valued at £2OO on December 7. DID NOT ATTEND CAMP For failing to attend a military camp on March 2, Allen Cartwright was fined £5. He did not appear. Sergeant Marson said that the defendant had told the police that he had been in financial difficulties at the time. LIQUOR NEAR DANCE

Mervyn Henry Mummery, aged 23, and Ronald Lindsay Gibbons, aged 21, were fined £3 each for having liquor in the vicinity of the Yaldhurst dance hall on April 11. Gordon Cyril Richards, aged 23, was fined £3 for having liquor in the vicinity of the Caledonian Hall on March 7 when a dance was in progress.

REMANDED Peter McNaughton, aged 17 (Mr B. J. Drake) and Brian Samuel Climo, aged 17 (Mr H. S. Thomas) were remanded to May 25 on a charge of converting a car valued at £950 on April 24. Thomas Richard Cameron, aged 28, was remanded to May 21 on a charge of unlawfully interfering with a car valued at £2OO on May 13. He was allowed bail at £lOO with one surety of £lOO and was ordered to report daily to the police. Kevin Francis Olley, aged 21, was remanded in custody to May 21 on a charge of breaking and entering a shop on May 14 with intent to commit a crime. Sergeant E. S. Tuck, who objected to the granting of bail, said that other inquiries were to be made. (Before Mr A. P. Blair, S:M.) THEFT FROM ROOM-MATE Allegations that the detective interviewing her about the theft of money from the drawer of a room-mate had made her confused while taking the statement, were made by an 18-year-old girl who was charged with the theft

of £8 on April 21. She said the detective had made her feel guilty when she denied taking the money, and she had said in the signed statement that She had taken the money to give to her mother because she was under the impression from questioning that if she handed over the money she had, nothing more would be heard of the matter. The gifl was convicted on the chaYge, which was adjourned to May 21 for a probation officers’ report and sentence. She was granted interim suppression of her name. Evidence was given that the £B. which belonged to the daughter of the landlady where the defendant boarded, was discovered missing after the defendant had left the premises. Mr D. J. Boyle, who represented the defendant, said the evidence against her rested solely on her confession made when she was interviewed by the detective. Her mother had confirmed that the girl was highly strung, and the defendant had said that she gained the impression during the interview that if she admitted the theft and made restitution nothing more would be heard of the matter. The Magistrate said the charge rested primarily on the defendant’s confession when interviewed. He’ accepted this confession rather than the defendant’s evidence in the box.

DROVE WHILE DISQUALIFIED Alan James Anderson (Mr H. S. Thomas) Was fined a total of £3O on two charges of driving while disqualified, on April 22 and April 24. On another charge of having wrongly adjusted lights he was fined £l. Mr Thomas said the defendant was an Australian, and was not familiar with New Zealand law regarding disqualifications. On the first occasion the defendant was charged, his licence was taken away and sent back with an endorsement. Some friends told him that as the Transport Department had not kept the licence, he was still qualified to drive. He admitted he made a mistake. “It is a serious offence. It amounts to contempt of Court, but because the defendant appears to have been misled, instead of imposing a term of imprisonment. I propose to impose a fine,” said the Magistrate. PASSED ON INTERSECTION Ronald William Brodie, an apprentice carpenter, pleaded not guilty to a charge of passing two cars on the Church corner intersection on March 11. He was fined £3.

Traffic Officer T. O. Stringer said he saw three cars on Riccarton rbad travelling toward the city. When they began to pass over the Church corner intersection, Brodie, who was driving the last car, overtook the other two. Brodie said the cars in front were going very slow. He was not on the intersection when he passed ’them. The Magistrate said he was satisfied it had been established beyond all doubt that the defendant had passed the other cars on the intersection. He said he would take into account the defendant was not exceeding the speed limit. OTHER TRAFFIC CASES The following penalties were imposed in other traffic cases brought by the Transport Department. Exceeding 30 miles an hour: Mervyn Wilford Hynam, £3; John Barry McQuade, £3; Gerard Moot, £5; Johannes Antonins Crooymans, £3; Peter George Swan, £3 (wrong class of driver’s licence, £1 10s); Robin Bernard Savill, £4. Failed to stop at compulsory stop: William John Gilbert, £4. Using drivers’ licence to which extraneous matter had been added: Charles Richard Hill, £5.