Magistrate’s Court TWO YEARS’ GAOL ON SEVENTEEN CHARGES

Press, Volume XCVIII, Issue 29024, 13 October 1959, Page 8

Magistrate’s Court TWO YEARS’ GAOL ON SEVENTEEN CHARGES

“Unless you change your way of life, you will spend most of your future in prison,” said Mr A. P. Blair, S.M., in -the Magistrate's Court yesterday, sentencing John Andrew Bennett, a carpenter, to a total of two years’ imprisonment when he appeared for sentence on 17 charges to which he had pleaded guilty.

Bennett was sentenced to two years’ imprisonment on four charges of counting-house breaking and theft and three charges of shopbreaking; 18 months’ imprisonment on seven charges of counting-house breaking with intent and two of attempted breaking and entering and three months’ imprisonment on one charge of theft. All the sentences are to be served concurrently. Most of the offences were committed in Invercargill. “You are 24 years old and you have a bad list,” said the Magistrate. “You are now liable for corrective training and after being sentenced for these offences you are liable for preventive detention. You had better think about this when you are in gaol.” THEFT CHARGES

‘‘lt is about time you started behaving like a man instead of an irresponsible boy,” said the Magistrate when fining Patrick James O’Brien £5 on each of four charges of theft, of a total value of £8 18s. O’Brien was also admitted to two years’ probation. He was ordered to make restitution of £6 15s 6d. O’Brien was appearing for sentence.

Mr R. de Goldi, for accused, said he had been given a number of opportunities but asked that he be given one further chance. “If you appear before the Court again, O'Brien, you will certainly go to Borstal or prison as you have got a fairly bad record for a person of your age.” said the Magistrate. STOLE PETROL Two Christchurch youths found themselves stranded in Culverden with no money and no petrol in their old car. so they stole a twogallon can of petrol from a car in an open garage and later siphoned six gallons from a parked truck, the Magistrate was told. The youths, Barry Vincent Gardner, aged 19, and Graham John Hill, aged 18 <Mr A. Hearne), faced joint charges of theft to the value of £2 9s 6d. They pleaded guilty. , Calling for a probation officer’s report, the Magistrate adjourned their case to October 19. SIX MONTHS’ GAOL Vernon Harrop Sellars Deal, aged 55, was sentenced to six months’ imprisonment on a charge of theft to the value of £3B 15s. Tt was Deal’s forteith conviction. Deal was warned that he was liable to preventive detention if he appeared in Court again. An order was made for the return of the stolen property. CHARGE DISMISSED A charge against Eric Rowland Moher, aged 19, a shoe clicker (Mr B. S. McLaughlin) of driving under the influence of drink or drugs on October 2 was dismissed. He pleaded not guilty. The charge arose out of a collision between two vehicles at the intersection of Colombo street and Oxford terrace about 11.50 p.m. The car driven by Moher continued on and struck two parked vehicles. Moher was fit to drive when he was examined at the Central Police Station about 12.20 a.m., said Dr. F. L. Scott. Evidence was given that Moher sustained an injury to his leg in the accident. I REMANDED Desmond Lewis Westbi ry, aged 22, a truck driver, was. remanded to November 2 or. a charge of driving a truck w 1 .en under the influence of drink or drugs on October 10. He was granted bail at £5O with one surety of £5O and was ordered to report weekly to the Invercargill police. Clive Ambrose Lowther, aged 18, was further remanded lo October 29 on charges of shop meaking and theft. LICENCE CANCELLED I Cancellation of his 4'iving [licence for four years, nd a fine of £25 were imposed on Brian David Hill, aged 24, a truck driver (Mr A. Heain) for being found in charge of a motor car while under the influence of drink or drugs on September 29. He pleaded guilty to this charge, and to using obscene language in connexion with the first offence, for which a fine of £5 was imposed. Police evidence was that the defendant was seen to get into a car and fall over on the seat while trying to start it. When a constable asked for his keys he became abusive and used obscene language. He continued to be abusive tn other police officer*, and to a doctor jvho ex-

amined him at the police station

Mr Hearn said the defendant had been sent to prison for traffic offences committed in the past, and had a shocking list, but there had been a significant break in his list since 1957 when he was married. There was every indication that he was settling down and making himself into a useful citizen. “If you appear before the Court on similar driving charges you will almost certainly go to prison,” the Magistrate told the defendant when he imposed sentence. (Before Mr N. M. Izard, S.M.) JUSTICE DEPARTMENT CRITICISED Criticism of the Justice Department because of its “unintelligent approach” in committing a young man to prison after only a short term in Borstal, from which he escaped, was made by Mr G. R. Lascelles, who appeared for William Allred Symons, aged 24.

Mr Lascelles said that as a result of the department’s method of dealing with the present case the accused had been denied the full benefits of the probation system.

Symons was appearing for sentence on eight charges involving conversion of motor vehicles, theft, shopbreaking and theft, breaking and entering, and being a rogue and vagabond. The Magistrate declined jurisdiction on all charges, and remanded the accused for sentence in the Supreme Court. Mr Lascelles submitted the accused’s conduct was not the result of inherent criminal tendencies. He was essentially a “rebellious adolescent” who had not been in trouble until the last four years. He had three previous convictions including one of escaping from custody. “The Justice Department has shown an unintelligent approach,” he said. The accused had been sent to Borstal in May. 1955, and after escaping in August he was sent to Mount Eden Prison, spending 11 months there and the balance of his term at Paparua. “The greater amount of hisj time at Mount Eden was spent in the rock quarry,” said Mr Lascelles. “To have sent the accused to prison after a very short time in Borstal was ridiculous, and as a result he has never had the full benefit of the probation system,” Mr Lascelles said. The accused had responded well to probation, but his whole outlook was one of rebelliousness to confinement, and there would be very little hope for him if a long term of imprisonment was imposed on the present charges. THREE MONTHS’ GAOL “In view of your criminal record a term of imprisonment will have to be imposed,” said the Magistrate when he sentenced Maurice Charles Solomon, aged 35, to imprisonment for three months. He had pleaded guilty to the theft of £l5 from a woman whose house he visited with some friends on September 25. SUSPENDED SENTENCE

Eric Ronald Gilligan-Kingsley was convicted on charges of theft, interference with a car and being intoxicated in charge of a car. Gilligan-Kingsley was ordered to come up for sentence if called upon in the next 12 months, and he was ordered to undertake such treatment as was directed at Sunnyside Hospital. After reading a medical officer’s report from Sunnyside where Gilligan-Kinsley had been remanded for the last six weeks, the Magistrate said that his addiction for drink resulted from his failure to face up to life's problems, which normal people worked out for themselves.

Gilligan-Kingsley, for whom Mr D. W. Russell appeared, is 19.