Magistrate’s Court YOUNG MEN SENTENCED ON SERIES OF CHARGES

Press, Volume XCIX, Issue 29145, 4 March 1960, Page 14

Magistrate’s Court YOUNG MEN SENTENCED ON SERIES OF CHARGES

Two years’ imprisonment, Borstal training and corrective training were imposed on three young men who appeared for sentence before Mr E. A. Lee. S.M., in the Magistrate’s Court yesterday on a series of charges to which they pleaded guilty last week. Richard Joseph Dick Morrell, aged 19 (Mr G. R. Lascelles), was sentenced to Borstal training, Tangihaere Kingi, aged 21, to corrective training, and Thomas Henry Basil Heffron, aged 21, to two years’ imprisonment. Heffron and Kingi were represented by Mr C. J. O’H. Tobin. Heffron and Morrell pleaded guilty to a joint charge of counting-house breaking and theft. Heffron also pleaded guilty to charges of counting-house breaking with intent, false pretences, and shopbreaking and theft. All three pleaded guilty to two joint charges of countinghouse breaking and theft. Heffron had been a young man with too much time on his hands, Mr Tobin said, with a result that he had fallen into bad company. He was on Social Security because of an injury and this had enabled him to commit the offences. Kingi, said Mr Tobin, had pleaded a less important part in the commission of the offencesMr Lascelles said Morrell had only one previous criminal conviction and that was for theft when he was 17. He was the product of a broken home and had never offended until his parents separated. He had been

brought up in the country and if he had not been lured to the city it was possible he would never have committed the offences. FINED £5O Kathleen McDonald, a married woman, of Lyttelton (Mr B. J. Drake), was fined £5O on a charge of being an accessory after the faet to an escape from lawful custody. She pleaded not guilty. Inspector J. B. McLean, who prosecuted, said that Maxwell Carlton Carney, a brother of the accused, had been arrested on a charge of warehouse-breaking and theft on November 16. He was taken to his home at Lyttelton so the police could make a search. Just as the police party was leaving Carney, broke away and ran into the undergrowth. A search was made but he was not located. . At 1 p.m. on November 24 De-tective-Sergeant T. Thomson and Detective Reddock visited Mrs McDonald’s home at Lyttelton and made inquiries as to Carney’s whereabouts, Inspector McLean said. 'They visited the home again at 3 p.m. when Mrs Carney was present and they said that information had been received that Carney had been seen in the vicinity two or three days previously. The accused agreed to a police search of her home, said Inspector McLean. Carney was found hiding under a bed dressed in an athletic singlet and blue trousers- He was not wearing shoes or socks. The accused made a statement and said that about 1 a.m. on November 17 Carney came to her house and asked for a cup of tea as he said he had been involved in a fight. She gave him the tea and he left. She later learnt that he had escaped from custody.

Mrs McDonald said in the statement that she had not seen Carney again until 3.30 a.m. on the morning he was arrested. He left the house while her children went to school. Mr Drake said that all Mrs McDonald had done was to shelter Carney for a short time because of the normal brothersister compassion. “The defendant is charged with receiving, comforting, and assisting Carney to escape,” said the Magistrate. “There is no doubt that she helped him and having comforted him she allowed him to remain in the house.” SERIES OF OFFENCES

A man who committed a number of the'ts in the New Brighton area escaped from a detec-tive-constable at the Lancaster Park Hotel, and was captured by some cricketers after he had rifled five cars In Hagley Park, said Sergeant E. S. Tuck. George Hamilton, aged 28, an unemployed workman, pleaded guilty to 24 charges which Included 11 of theft, 10 of false pretences, escaping from lawful custody, obtaining credit by fraud and breach of probation. He was remanded in custody to March 10 for a probation officer’s report and sentence.

About January 21 the accused stole a cheque book from the parked car of a Riccarton man at New Brighton, Sergeant Tuck said. On two occasions he stole articles from clothing left in the sandhills at New Brighton while the owners were in swimming. He issued valueless cheques to shopkeepers and hotel proprietors and obtained money and goodsA detective arrested the accused in Armagh street and he went with him to the Lancaster Park Hotel to return the car the accused had borrowed from a friend, said Sergeant Tuck. Hamilton went to the toilet and then escaped by another entrance. He was ’ captured the following day after committing five thefts from parked cars. Hamilton was an Englishman who had been in New Zealand for 10 years and he had previous convictions, Sergeant Tuck said. ASSAULT ON POLICE A group of youths who were obstructing the footpath in Cathedral square near the Government Life Insurance building were asked by the police to move on and they all did except for the accused, said Sergeant E. S. Tuck. Moana Kiwi Grace, aged 21, a roadman, was remanded to March 10 for a probation officer's report and sentence when he pleaded guilty to charges of resisting a constable in the execution of his duty, assaulting a police constable in the execution of his duty and using obscene language. The accused stood in front of Constable Neil Eric Walker and used obscene language and abused him, Sergeant Tuck said. They moved over to the edge of the footpath and suddenly Grace grabbed Constable Walker by the throat. Another constable had to come to his assistance and it was some moments before the hold was broken.

Grace was granted bail at £5O with one surety of £5O and was ordered to report daily to the police. UNLAWFUL CARNAL KNOWLEDGE

A youth, whose name was suppressed, pleaded guilty to unlawful carnal knowledge of a girl aged 13 on January 1. The charge was adjourned to March 10 for a probation officer’s report and sentence. He was represented by Mr B. J. DYake. Sergeant T. A. Marson said two other boys were to appear in the Children’s Court on similar charges. Applying for suppression of name Mr Drake said the accused was not the first person to offend with the girl on that evening. TWO MONTHS’ GAOL “You have a long record for dishonesty extending over 30 years and I intend to remove you from temptation for a short period,” said the Magistrate when sentencing Leo Brendan Collins, aged 55 (Mr B. J. Drake) to two months' imprisonment. He was appearing for sentence on a charge of theft valued at 8s 8d on February 5. Drink had been the defendant’s trouble right from the first time he had appeared before the Court, as a young man, Mr Drake said. TWO YEARS’ PROBATION A youth and a younger boy had caused £l5 worth of damage with a meat chopper at the home of a man who had been charged last year with wantonly destroying their bicycles, but the charge

had been dismissed, said Mr B. J. Drake. So the boys had decided to get their own back. The youth, whose name was suppressed, was admitted to two years’ probation and ordered to make restitution of £lO when he appeared for sentence on three charges of theft and one of wilful damage valued at £l5. He pleaded guilty to the charges last week. Two of the thefts were committed at the R.N.Z.A.F. Station, Wigram. The other boy involved has appeared before the Children’s Court BORSTAL TRAINING Malcolm George Johnston, aged 17 (Mr G. R. Lascelles) who drove a converted car at speeds of up to 80 miles an hour when he was being chased by the police at New Brighton, was sentenced to Borstal training when he appeared for sentence on two charges of car conversion, and charges of bicycle conversion and theft He pleaded guilty to the charges last week. The accused had lost his licence for dangerous driving and this caused him to become a rebellious adolescent. Mr Lascelles said. FALSE PRETENCES James Henry Frederick Martin, aged 44, was remanded in custody to March 10 for a probation officer’s report and sentence when he pleaded guilty to three charges of false pretences at Auckland and one of theft of £24 in money at Christchurch on or about December 27. The accused purchased a washing machine, liquor and a mantel radio with valueless cheques, said Sergeant Tuck. Martin then came to Christchurch and stole £24 from a person who was occupying the same room as he was in a boarding house in Bealey avenue. THEFT OF CAR On a charge of theft of a motor-car, Kere Waihape, aged 27. was sentenced to three years’ imprisonment. On two charges of theft he was sentenced to three months’ imprisonment, the terms to be served concurrently. The Magistrate said that he could not extend any leniency to Waihape as he had only recently been discharged from prison for the third time. FIVE THEFTS An electroplater, who went to work only seven times in a period of 17 working days, committed five thefts at the Y.M.C.A. hostel where he was staying, said Sergeant E. S. Tuck. Brian Leslie Cleary, aged 17, pleaded guilty to the theft of two electric razors, a camera, a motorcycle battery and 12s 6d in money. He was remanded to March 10 for a probation officer’s report and sentence. Bail was granted at £5O with one surety of £5O and he was ordered to report daily to the police. MOTOR DEALER FINED On a charge of operating his car sales business under a name other than its licensed name. Donald Leslie McNeill, was fined £4 and ordered to pay witnesses’ expenses of £2. Inspector J. B. McLean said that last year McNeill and his brother had owned and operated St. Albans Car Sales, Ltd. In November an application for renewal of the licence for this business was refused. McNeill had bought his brother’s shares in the busi--1 ness and had been granted a i licence to operate under the name of Don McNeill. He-had advertised his business • as St. Albans Car Sales, Don i McNeill, proprietor, said Inspector McLean. A second charge of failing to ! publish the fact that he was a ’ licensed motor vehicle dealer in ’ an advertisement in “The Press” on January 22 was dismissed. McNeill said that it was an oversight that he had forgotten to include these words in the advertisement. In almost every previous advertisement, he had published the words “licensed motor vehicle dealer,” he said. For the defendant, M G. S. Brockett said that numerous car 1 sales advertisements did not publish the fact that they were licenced dealers.

“This may be an example to others who are obviously not complying with the act,” said the Magistrate. “It would be wrong to make an example of McNeill by convicting him.” THEFT ALLEGED Noel James Norton, aged 17, was remanded to March 10 for a probation officer’s report on a charge of stealing a suitcase valued at £2l Is 6d from an unlocked motor-car in Picton, while returning home from a party. He was allowed bail of £5O, with one surety of £5O on the condition that he report daily to the police. THREE MONTHS’ GAOL

"He is a stranger in a strange land,” said Mr C. J. O’H. Tobin in defence of Karoly Kohalmi, aged 24, who appeared on four charges of issuing valueless cheques. “What you did would have been dishonest in any country,” said the Magistrate. “It is a great pity that you did not continue with the improvement you showed on your last term of probation.” Kohalmi was sentenced to three months’ imprisonment on each charge, the terms to be served concurrently. His prison sentence is to be followed by one year’s probation. He was ordered to make restitution of £l7 9s 3d. CAR CONVERSION

“I judge from the probation officer’s report that you are a mixture of good and bad," said the Magistrate when he convicted Taitta Rapana, aged 22, for car conversion. “I propose to give you a chance to show your good side," he said. Rapana was admitted to two years’ probation and ordered to repay the sum of £2oo—the value of the motor-car. He was also ordered to take out a prohibition order. VALUELESS CHEQUES While living with a man who had since gone to prison for two years a 19-year-old girl passed four valueless cheques issued by him. Her name was suppressed Appearing for the girl, Mr A D. Holland said that she had become infatuated with this man. and her parents had approved of the companionship until they started to talk about marriage The man’s offences were serious, said Mr Holland. “I am satisfied that your period of crime was due solely to your association with a very determined young criminal,” said the Magistrate. The girl was admitted to two years’ probation on four charges of false pretences and ordered to make restitution of £3O 19s lid. J

SUSPENDED SENTENCE John William Davidson was convicted and ordered to come up for sentence, if called upon within six months, on a charge of stealing a wine glass valued at Is 6d on February 5. He was ordered to pay witnesses expenses. DISCHARGED Bruce Edward Johnson, aged 20. a driver’s assistant (Mr H. W. Thompson), was discharged without conviction under section 42 of the Criminal Justice Act on a charge of assaulting a man in the Yaldhurst dance hall on January 9. He was ordered to pay £3 towards the cost of the prosecution and to make restitution of £1 12s 6d for dentures which he smashed- Johnson pleaded not guilty. STOLE CLOTHING Albert George Milford, aged 21, a butcher, who sold clothing valued at £l4 which had been lent to him in Dunedin, pleaded guilty to a charge of theft and was remanded in custody to March 10 for a probation officer’s report and sentence. CYCLE CONVERSION Questioned by the police in hospital after the cycle he had been riding had been involved in a collision with a car, Dick Roban, aged 24, a linesman, said he had been drinking at a party and could remember nothing after leaving it. He pleaded guilty to the conversion of a cycle valued at £5 and the charge was adjourned to March 10 for a probation officer’s report and sentence. BENCH WARRANT A bench warrant was issued for the arrest of Leonard Archdeacon, who failed to answer a charge of wilful damage valued at £5 on December 29. LICENSING OFFENCES Frank Farkas was fined £3 and George Leopold Malzard, who appeared and pleaded guilty, was fined £1 10s on charges of being found on the licensed premises of Tattersalls Hotel after hours on January 23. John Joseph O’Dell was fined £3 for being found after hours in the back yard of Tattersall’s Hotel on January 29. REMANDED On a charge of unlawfully using an instrument with intent to procure a miscarriage on February 18, Rubina Elisa Millicent Shirley (Mr B. J. Drake) was remanded to March 23. Bail was renewed. Frederick Arthur Rumble, aged 54, was remanded to March 10 on a charge of indecent assault on a female on January 18. He was represented by Mr B. J. Drake, and bail was renewed. Paul Robert Cowan, aged 18. was remanded to May 10 on a charge of converting a truck valued at £5OO at the Burnham Military Camp on February 20. Richard Adolphus Nash, a channel sweeper, aged 57, was remanded to March 10 on a charge of assault on a female on February 12. Bail was renewed. (Before Mr A. P. Blair, S.M.) DANGEROUS DRIVING

In attempting to shake off a pursuing patrol car about midnight on Saturday, Robert Alexander Newcombe, a linesman, made for the trees in Deans bush in Rimu street on his motor cycle, but was unaware of a gutter between himself and his objective. The front wheel of the motor-cycle hit the gutter and he was thrown forward, landing heavily on the footpath, said Traffic Officer Gallagher in evidence. Newcombe, who did not appear, was convicted and fined £lO, and his licence cancelled for one year, on a charge of dangerous driving on December 5. DRIVER’S LICENCE CANCELLED Kelvin Charles Nixon, a glass worker aged 18, was convicted and fined £lO and his licence cancelled for one year, on a charge of dangerous driving on the Main North road on December 27.

Nixon, who was represented by Mr A. D. Holland, pleaded not guilty. OTHER TRAFFIC CHARGES On other traffic charges brought about by the Transport Department, offenders were convicted and dealt with as follows:

Exceeding 30 miles an hour in a Colin John Bell, £3; Gareth William Taylor, £6. Exceeding 30 mlies an hour In a heavy motor vehicle: Leonard Kerr, £3. Exceeding 50 miles an hour: Bernard Stanley Reid, £2 (driving without reasonable consideration, £8). , Permitting use of unlicensed vehicle: Thomas Anderson. £3. No warrant of fitness: William Elsom, £1 10s. Failed to give way to right: Archibald David Wyllie, £5. CHARGE DISMISSED A charge of theft of a watch, valued at £lO, on December 22, against Matengam Teauhia Solomon, a clerk, aged 18, was dismissed. Solomon (Mr G. Hattaway) pleaded not guilty. FAILED TO PAY TAXI FARE Tewhariki Gray, a shearer (Mr D. H. Stringer) was convicted and fined £1 for failing to pay a taxi fare on January 20. Another charge of assault on the taxi driver was dismissed. Gray pleaded not guilty to both charges. THEFT OF PETROL After running out of petrol on his way back from New Brighton late at night, David John Cummuskey, aged 17, and a companion broke into a service station and stole a quantity of petrol. Defence counsel (Mr D. H. Stringer) said that Cummuskey was a young lad with no previous convictions. He was thought of highly by his employer. Cummuskey was discharged. YEAR’S PROBATION On a charge of theft to the value of 12s 6d at Christchurch on January 3, Trevor George French was admitted to one year’s probation.