Magistrate’s Court Three Years In Gaol For False Pretences, Forgery

Press, Issue 29236, 21 June 1960, Page 10

Magistrate’s Court Three Years In Gaol For False Pretences, Forgery

Prison terms amounting to three years were imposed on Aubrey Lester Andrew, aged 60, a clferk, in the Magistrate’s Court yesterday when he appeared for sentence on 35 charges involving dishonesty.

“You have a considerable record for serious offences and I am quite sure you recognise the inevitable consequences of your actions,” said Mr E. A. Lee, S.M., when he imposed sentence. Two years’ imprisonment was imposed on each of 29 charges of false pretences, to be served concurrently. On each of three charges of forgery he was sentenced to a year's gaol to be served concurrently but cumulatively on the two years’ term, and three months’ gaol was imposed on charges of fraud, and unlawful conversion of a car. On a charge of attempted false pretences he was convicted and discharged.

The offences were committed between June last year and May 25 this year. By using the names of five well-known Canterbury farmers he was able to obtain, by the issue of valueless cheques, money and goods worth £2049 13s.

Mr B. McClelland, for the accused, said all his offences were the result of his passion for gambling. “Apparently at times he cannot control his qrge to gamble and then, as they all do, he finds himself short of money; there is always a percentage of them who resort to crime to help them out of their difficulties,” he said. The accused had promissory notes of over £5OO which had to be paid, and started last year to recover the money by resorting to crime. Apparently he had had more success in crime than in his gambling. “The accused is not by any means all bad and if he could control his gambling urge it would appear, in view of his good work record and the probation officer’s report, that he could make something of his life," said Mr McClelland. He said he had kept out of trouble from 1935 to 1947. and from then to the present. “He has found it very difficult to overcome his gambling weakness.” 12 MONTHS’ GAOL "It seems that Polaschek has already set .himself on the road to crime. I would like to know what basis there is for suggesting that he is capable of settling down and being an holiest person as there is nothing to bear out either factor,” said the Magistrate in answer to submissions made by Mr J. G. Leggat. Robert James Polaschek, aged 24, was appearing for sentence with Richard Duncan Cameron, aged 20 (Mr G. R. Lascelles), on joint charges of breaking and entering the premises of Ashby Bergh’s and committing theft, and breaking and entering Hutchinson’s Motors. Ltd., and committing theft, and on a separate charge of breaking into the New Zealand Optical Company’s offices with intent to commit theft. Polaschek was sentenced to a year's imprisonment on each of the three charges, to be served concurrently, and Cameron was placed on probation for two years, and ordered to make restitution of £l6B. Mr Leggat submitted that Polaschek had shown that he had a sense of responsibility as he had acquired substantial assets by his own savings. He was very remorseful at what he had done. Mr Lascelles said Cameron had only taken part in the thefts to help his companion. The depression from which he was suffering at the time, necessitating specialist treatment, had played a leading part in the offences, and had caused him to lose his sense of responsibility. GAOL FOR THEFT Graham Wootton, aged 20. was sentenced to six months' imprisonment on four charges of theft involving £4l 19s 2d. He was convicted and discharged for being unlawfully in possession of a firearm—a .38 revolver.

. The Magistrate said he was conscious of his obligations in not sending anyone under 21 years to prison unless there were special circumstances but the accused was nearly 21 and his offences justified a prison term. He said the accused had had the benefit of every form of training outside an institution that could be given him. He had followed all this by committiing further offences which were not prompted by need.

“It will have to be impressed on you that interference with other people’s property is followed by punishment—in your case serious punishment because everything else has been tried," the Magistrate said. Mr P. G. S. Penlington, for the accused, said he suffered from migraine headaches which to some extent explained his unsteady work record. He had also had a poor home background with very little opportunity in life. He had been under the care of the Child Welfare Department for nine years. THEFT OF CHAMPAGNE Eric Claude Smiley, aged 40, a painter (Mr J. A. Bretherton) was remanded in custody to June 27 on charges of theft of five cases of champagne valued at £6l 10s, two overcoats valued at £l2 each, and having no driving licence or warrant of fitness. He pleaded guilty to all charges. A further charge of attempting to commit suicide in a cell when taken into police custody was withdrawn.

Evidence was given that the accused was stopped on traffic offences in Durham street and the car was found to contain the cases of champagne which had been .stolen from the premises of John Oakley, a company director. He was asked to drive to the police station but accelerated and drove off.

When later questioned, he told police that he had to have the liquor and was not concerned with its re-sale value. He had been living on liquor for several weeks past. The two stolen overcoats were also found in his room during s search. (Before Mr Raymond Ferner, S.M.) OBSCENE LANGUAGE As a sequel to a fight among youths in Worcester street on June 19, John Herbert Philp, aged 19, a workman, was convicted and fined £7 10s when he appeared on a charge of using obscene language. He pleaded guilty. “Throughout the evening of June 19 the police had been called

to this area where approximately 100 youths and teenage girls were having a drunken party at 448 Worcester street,” said Sergeant T. A. A. Marson. “The police were called at 12.28 a.m. to a fight which developed among about 20 or 30 youths, and as the police came, most of the youths made off into adjoining properties by climbing over fences in their flight. ‘‘Several youths were still standing around on the footpath and road in an ugly mood. Constable Dailey asked them to move away from the area but some of the youths started to argue and were further warned by the constable to move. The youths moved off several feet very reluctantly and Philp, who was in the group, turned around to the constable and used the obscene language. The group then moved off but Philp was stopped by the constable and placed under arrest,” said Sergeant Marson. “Neighbouring residents, who were in hearing of the language used by Philp, were very perturbed before the arrival of the police by obscene language, bottle fights and screaming youths and girls. A traffic officer had reported that the youths were breaking beer bottles on the footpath. “Further inquiries are being made by the police • into the incident,” said Sergeant Marson. In answer to a question from the Magistrate, Philp said that he worked in the country and earned £2O or more a week. The Magistrate warned Philp that if he were ever in similar trouble he could expect a stiffer penalty. SEVEN DAYS’ GAOL A motorist failed, to see a traffic officer on point duty signal him to stop and was half way across the intersection when he halted. He reversed back but then came on before he was signalled to do so, said Sergeant Marson. Desmond Arthur Langstone Hamilton was sentenced to seven days’ imprisonment on a charge of driving under the influence of drink or drugs on Grove road on May 28. He pleaded guilty. His driver’s licence was cancelled and he was prohibited from obtaining another for three years. About 5 p.m. a traffic officer was on point duty at the intersection of Moorhouse avenue, Lincoln road and Grove road when Hamilton failed to obey a signal, said Sergeant Marson. The traffic officer spoke to Hamilton and decided he was under the influence of liquor. He was taken to the Central Police Station where he was certified by Dr. R. G. Mathieson as unfit to be in charge of a vehicle. Hamilton was somewhat abusive, dictatorial and unco-operative.

UNLAWFULLY ON PREMISES During a drinking bout two men were returning to their lodgings at 58 Manchester street in the early hours of Sunday when they heard the broadcast of the All Black match in South Africa coming from a-radio in a ground floor room. They climbed in the window and turned up the volume, Sergeant Marson said. John David Curin, aged 26, and Daniel Kurapa, * aged 32, pleaded guilty to being found unlawfully in a building at 52 Manchester street on June 19 and were each fined £2.

The accused knew the two women who occupied the room but they were asleep when they entered through the window and remained asleep when they turned the radio up, said Sergeant Marson. The accused were under the influence of liquor at the time. A woman in a nearby room heard the noise and found the two accused in the room and called the police. When the accused sobered up they told the police they thought they had done no harm as they were only going to listen to the radio, said Sergeant Marson. Curin said he realised he was an uninvited guest on the premises but he knew the two women who occupied the room. “If the other girl had not come in and called the police I would be better off than I am now,” he said. “I have no doubt about that," said the Magistrate imposing the fines. ASSAULTED WIFE The father of eight children hit his wife and knocked her to the ground during a domestic dispute at their home in Palmers road, New Brighton, said Sergeant Marson'. Lens Gavin Price, aged 43, a workman, pleaded guilty to a charge of assaulting his wife on June 11 and was fined £5. “I warn you that the Court will not stand by and see wives knocked about,” said the Magistrate. “Any repetition of this offence and you will be in line for a gaol sentence.” The wife of the accused called at the New Brighton police station about 3 p.m. on June 11 and said she had been assaulted by her husband. Sergeant Marson said. An argument arose over the children playing on the road and other small matters and it became very heated. Price knocked his wife to the ground. He told the police that there had been trouble brewing (between his wife and himself for some years. Many times previously during domestic disputes he had been assaulted by his wife. Price told the Magistrate that he took full responsibility for what had happened. He attempted to push his wife out the door and she took hold of his shirt. The four youngest children were very distressed. He had not hit her hard as he merely wanted to 1 break her hold on him sq he could attend to the children. Price apologised to his wife, and said he had been brooding over something that had happened in their private life. CHARGE DISMISSED

A joint charge of attempting to steal petrol valued at 14s against Michael John Minogue. Paul Raymond Machirus, John Greig Miller and Alexander McBeath was dismissed. They all pleaded not guilty.

Minogue was represented by Mr M. G. L. Loughnan and Mr 6. R. Lascelles appeared for the three other defendants. INTENT TO DEFRAUD

Ronald Thomas. Mclntosh, aged 34, a farm hand, pleaded guilty to a charge of attempting to defraud by disposing of a car subject to a hire purchase agreement. Mclntosh had purchased a 1929 car last November, and had left it with another firm as deposit on weather car. When he returned

to complete the papers of agree-* ment he decided on another vehicle. No instalments had been paid on the first car and he owed £74.

Mclntosh, who has 20 previous convictions, was remanded in custody till June 27, for a probation officer’s report and sentence. DRUNKENNESS

John Anthony Carroll was convicted and discharged on a charge of drunkenness, having been convicted of a similar offence three times within the last six months. The police said he had been held in custody since his arrest. CHARGE DISMISSED

A charge against Allan Douglas Allfrey, aged 23, of assaulting his wife on June 10 at New Brighton was dismissed when his wife declined to give evidence against him. THEFT OF BATTERY A youth, whose name was suppressed. pleaded guilty to the charge of theft of a battery from a car in the St. Albans area on May 22. He was remanded to June 27 for a probation officer’s report and sentence. His bail was renewed. He was represented by Mr G. R. Lascelles. REMANDED Colin Frederick Falloon. aged 18, was remanded on bail to June 27 on a charge of breaking and entering and theft at Chrlztchurch on June 18. <