Magistrate’s Court Year Added To Gaol Term For Assault On Warder

Press, Volume XCIX, Issue 29324, 1 October 1960, Page 11

Magistrate’s Court Year Added To Gaol Term For Assault On Warder

“You know perfectly well that any assault on a prison warder must be followed by an extra term of imprisonment; you will have to control your temper in future,” Mr A. P. Blair, S.M., told Daniel John Martin in the Magistrate’s Court yesterday.

He sentenced Martin to 12 months’ imprisonment—to be cumulative on the prison sen? fence he is now serving—on a charge of assault causing bodily harm to John Neville Carr, a warder, at Paparua prison, 'on Sentember 9.

The Magistrate said there had been a number of incidents at Paparua in which the accused was involved, and warned him that further offences would be dealt with severely. GAOL FOR YOUTHS

Thomas William Jones, aged 18, and Albert Duncan Mark Hopkinson were each sentenced to six months’ imprisonment on a joint charge of shopbreaking and theft at Orari on September 9. Jones was also sentenced to one month’s imprisonment on a charge of theft involving £3 at Christchurch on September 9, the sentences to be cumulative. “Both accused have had a number of chances on probation and in Borstal, and it does not seem that this course has been successful, Another course must be tried,” said the Magistrate. “It seems unfortunate that there is no suitable machinery to find permanent jobs for trainees when they are released from Borstal,” said Mr B- J. Drake, appearing for Jones. "It would not be in Jones’s interest to be sent back at so early an age for a further term of imprisonment,” said Mr Drake. “Strong personalities have led him into activities that have led to trouble.”

"This is Hopkinson’s first, foray into the breaking and entering field and at may ’bg his last,” said his counsel, Mr L. G. Holder. “In this case it was due to a lack of control and responsibility when a temptation came his way.” BOOKMAKER IMPRISONED

“I will give weight to the fact that the defendant’s last conviction was 13 years ago,” said the Magistrate in sentencing Reginald Hunter Orton, aged 59, to one month’s imprisonment on a charge of bookmaking on’ September 18. Mr B. McClelland, for Orton, asked that the term of Imprisonment should not be long. “It does appear that he has a good work record. His record in everything except bookmaking is without blemish," said Mr McClelland. REMANDED Michael John Culley, aged 17, and John Barry Stevens, aged 18. were both remanded in custody to October 6 on a charge of breaking and entering and committing theft of a total of £3OO, from the premises of Hutchinson, White, Ltd,, Armagh street, on September 28. An order was made that they be kept apart from other prisoners. Sydney Melville Chirnside, aged 26 (Mr J. F. Burns), was further remanded to October 10 for sen-, tence on a charge of being a rogue and vagabond on September 20 in that he was found unlawfully at the St. George’s Hospital nurses' home. Bail was renewed. TRAFFIC CASES On traffic charges brought by the police, offenders were dealt with as follows: Driving without due care and attention: Noel Francis Brosnan. £4; Douglas Walter Hanning. £lO (no warrant of fitness. £1 10s): James Joseph White, £4f No driver’s licence:—Russell Graeme Joy, £2. Failing to give way: Graham Pringle. £4: Victor Howard Blackett. £5: Averill Charles Tggo, £5; Edna Phyllis Jenkins. £5: Tangi Williams. £4; Alfred William Adams, £3: Roydon Corona Stackhouse, £4; Daisey Elizabeth Chatfield. t£3.

Failing to comply with traffic lights: Malcolm James Campion, £4. Parking at intersection: Reginald Lewis Forrest, £3. No warrant of fitness: William Murray Heath. £1 10s: Graham Edward Rumble, £2; John Archibald Shearer, £2; Victor Raymond Buchanan, 10s. (Before Mr E. A. Lee, S.M.) CHARGE ADJOURNED Although he had been disqualified from driving when he was convicted in the Nelson Magistrate's Court on June 3, Terence Donald Walter Ray, aged 21, a truck driver, had not travelled to Nelson to the hearing and did not know of the disqualification when he drove his car two days afterwards, said Ray’s counsel. Mr J. G. Rutherford. He asked that Ray, who

pleaded not guilty to a charge of driving while disqualified, be discharged without Conviction.

The Magistrate said it would be very dangerous for him to dismiss the charge, as it would set a precedent for many other persons who drove after their licences had been cancelled by the Court for driving offences. There was a principle involved, he said, adjourning the charge for a month so that the defendant could make application to have the disqualification varied to permit him to drive a truck and other types of vehicles, before the present case Was dealt with.

Police evidence was that the defendant was involved in an accident, In which he was not at fault, at 4.30 a.m. on June 5. Inquiries showed that he had been disqualified from driving for six months two days previously in the Nelson Magistrate’s Court.

Sergeant Marson said the prosecution relied on the fact that a driving disqualification was absolute, and it was not necessary for the defendant to be informed for it to be effective. Mr Rutherford said that Ray had been disqualified on a Friday and had been found driving early on Sunday morning. He would have been unable to find out about his disqualification over the week-end. The charge in Nelson was a comparatively minor one which the defendant thought would be met only by a fiiie. He could not afford the time off work to travel to Nelson when it was heard.

For driving without due care and attention Phillip Alexander Webb, whose car and Ray’s car collided in Crawford street on June 5, was fined £7 10s and had his licence suspended for six months. CHARGE DISMISSED

A charge against James Robertson Walker John Armstrong, aged 19 (Mr I. S. Cameron), of driving without due care and attention in Bealey avenue on May 21, was dismissed. . , REMANDED Hans Tonny Milsson, aged 17, a seaman on the tanker Olivia, was remanded to appear in the Dunedin Magistrate’s Court on October 1, on a charge of being absent without leave on September 29.