Magistrate’s Court Two Years’ Gaol For False Pretences

Press, Volume XCIX, Issue 29368, 22 November 1960, Page 3

Magistrate’s Court Two Years’ Gaol For False Pretences

“You have a considerable record of dishonesty and have served several terms of imprisonment’.’ said Mr E. A. Lee. S.M., to Noel George Marriott when he appeared in the Magistrate’s Court yesterday for sentence on five charges of false pretences. “You have deprived persons of a large amount of property. It seems you are going to be a problem both - inside and outside of prison, and the best I can do is to make certain that the public are protected from you for a long period.” Marsiott was sentenced to two years’ imprisonment on each charge, the terms to be served concurrently. He was appearing for sentence after pleading guilty to the charges last Thursday Marriott admitted Obtaining fishing gear worth £lO7 13s 7d from sports goods shops by using the names of prominent persons in the Rakaia district. ONE YEAR’S GAOL

One year’s imprisonment on each of five charges of indecent assault on males was imposed on Kenneth George Finlayson, aged 33, a truck driver, when he appeared for sentence. The terms are to be served concurrently. The offences were committed between July 7 and September 19.

Mr G. R. Lascelles, for the accused, said the offences lacked some of the more serious aspects. The two youths on whom the offences were committed were not only willing, but the younger one had deliberately sought out the accused. Mr Lascelles asked that a suspended sentence or a short prison term be imposed, for what he described as “one of the most serious social problems today.” “You are barely out of prison for a series of similar offences when you committed these ones, and I am satisfied that you sought out these youths,” said the Magistrate. He said he had intended imprisoning the accused for a long period, but would impose a shorter term in view ’of counsel’s submission and the doctor’s report. He suggested that the accused could avail himself of medical services which would be available to him in prison. PROBATION FOR YOUTH Submissions that Geoffrey Alfred Odering’s mother might have been “a little indulgent” when she bought him a car to keep him off the streets were made by Odering’s counsel, Mr B. J. Drake. He said it might not have been the best way to try to keep him at home. Odering, aged 18. who was appearing for sentence on a charge of theft of two sealed-beam car headlamps which, according to evidence, he had taken from a car in the city and fitted to his

own vehicle, was placed on probation for two years. “Owning and operating a motor-car is apparently beyond your means and tempts you into committing offences." said the Magistrate in imposing sentence. Terms' of Odering’s probation are that he does not own or drive a motor-vehicle; that he opens a savings account and makes regular deposits; that he works where directed by a probation officer; and that he "does not leave his employment without the probation officer’s consent. Odering was warned that if he did not adhere strictly to these terms he would be likely to be sent to Borstal. ESCAPED FROM CUSTODY

Told that he was under arrest for using obscene language after he had punched another man in Riccarfon road at 1.30 a.m. on November 13, Joseph Aussie Crawford, aged 21, ran into a house at v?hich he had been attending a party, said Constable P. H. Berryman. He said he followed the man into the house, but the owner, a Mr McDonald, asked him to leave because he did not have a warrant to enter the house.

Crawford, who was represented by Mr B. J. Drake, appeared on charges of using obscene language and escaping from custody, both of which he denied. He was convicted on the escaping charge and was remanded to today for sentence. Bail was granted in his own recognisance of £lOO. with a similar surety. The Magistrate dismissed the charge of using obscene language, saying that there was a doubt as to who had used the words because of the number of persons milling about at the scene and calling out. Constable Berryman said that while on car patrol he saw a crowd gathered at a disturbance in Riccarton road. He then saw Crawford punch another man, who fell half over a small fence. When the man got to his feet he ran into a house, followed up the driveway by Crawford, who then used the obscene language. The witness said he told Crawford he was under arrest, but Crawford ran across the road into another house at which he was attending , a party. “I ran after him and we finished up in the lounge of the house, where Crawford sat on a couch,” said Constable Berryman. He refused to leave, and the owner of the house ordered the constable to leave after ascertaining that he had no warrant to enter the premises. Crawford had left the house when a police party returned. Crawford denied using obscene language or punching the man. A companion. Russell Ward, called for the defence, said that six men went into the house where the party was being held and were asked to leave. One of them refused and was pushed outside. , “Everybody was abusing him and hitting him and he went into a house opposite. Crawford joined us just as the constable arrived,” he said. DISORDERLY BEHAVIOUR

Saying that he preferred the evidence of the constable to that of the accused and the rest of the group who had been involved in the incident and who had been drinking, the Magistrate convicted Barry Robert John Murdoch, aged 17. a tyre worker, on a charge of disorderly behaviour in Cathedral square on November 12. Murdoch (Mr K. A. Gough), who pleaded not guilty, was remanded to November 28 for a probation officer’s report and sentence. He was alowed bail at £5O, with a similar surety, and was ordered to report daily to the police. Constable A. G. Adcock said that after he had arrested Patrick Morrison for fighting outside the Crystal Palace Theatre about 6.35 p.m., Murdoch was making a disturbance on the pavement. “Murdoch had his arms raised and was inciting other persons to fight. Before this I had warned Murdoch that his behaviour was far below what it should be in the Square and he would find himself in trouble if he carried on as he was,” said Constable Adcock. “Murdoch had been drinking.” In evidence, Murdoch said that he and his friends, lan Thompson. John Richard Allan, and John Maea Fonotea, had returned to the Square so that he could cancel a fight between Monotea and Morrison which had been arranged for the following day by the river. While he was out of their car, Morrison attacked Fonotea. A person had gone to Morrison’s assistance and he had gone to intervene, said Murdoch. He pushed this person up against a wall and told him it was none of his business. Murdoch denied he was looking for trouble. CHARGE DISMISSED

“Mr Brockett, I would like you to point out to your client that the penalty for the kind of conduct he apparently indulged in in Cathedral square has been increased,” said the Magistrate, who dismissed a charge of fighting against John Maea Fonotea (Mr G. S. Brockett). He pleaded not guilty. Evidence was given by Constable A. G. Adcock that on November 12 he saw a group of persons disturbing passers-by in the centre of Cathedral square. The accused was one of the group and they were ordered to desist and to get on their way. They got into a car and drove around the Square and stopped outside the Post Office. He heard Fonotea ask the occupants of another car- to come and have a fight, said Constable Adcock. Fonotea was very argumentative. The witness told the persons that if they did not leave the Square and behave themselves they would be locked up. Fonotea said he would go and would take another passenger in the car who was causing a disturbance with him. At 6.35 p.m. he was near the Crystal Palace Theatre when a car containing a number of youths and Fonotea drew up beside the car containing the persons they had been arguing with previously He heard Fonotea invite the occupants several times to go and have a fight. A man named Morrison, who had already been dealt with on a charge of fighting, started fighting with Fonotea. While Morrison was being restrained by the police Fonotea started grappling with him. Morrison had to be handcuffed.

Fonotea was under the influence of liquor to some extent. To Mr Brockett, Constable Adcock said Morrison was not a member of either of the parties in the two cars. Morrison had come up behind Fonotea and grappled with him. Mr Brockett submitted that there was no evidence of fighting by Fonotea. BICYCLE CONVERSION

At 6 p.m. on Saturday the police were called to Moorhouse avenue where a youth had fallen from a bicycle. He was in a drunken condition and he admitted taking the bicycle from a hotel in Colombo street, said Sergeant V. F. Townshend.

John Arthur Clarke, aged 19, a workman, pleaded guilty to charges of converting a bicycle valued at £8 and of being drunk. He was fined £1 on the latter charge and was remanded to November 28 for a probation officer’s report and sentence on the. charge of bicycle conversion.

Bail was granted at £5O, with one surety of £5O, and he was ordered to report daily to the police. SHOPLIFTING

Stephen William Bertram' Deer, aged 28, a rubber worker, pleaded guilty to a charge of stealing a tin of tobacco and a pocket watch, of a total value of £1 14s sd, from the High street shop of Woolworths (N.Z.), Ltd., on November 18. He was remanded to November 28 for a probation officer’s report and sentence. Sergeant Townshend said that Deer was stopped in the street after he left the shop and he frankly admitted the thefts. He had no excuse to offer except that he had been drinking. He had ample money with him. Deer was granted bail at £5O, with one surety of £5O, and was ordered to report daily to the police.

Arrested at 8 p.m. on Saturday Neil Francis Mahalm pleaded guilty to a charge of being drunk, having been twice convicted of the same offence within the previous six months. Sergeant Townshend said he had 16 previous convictions, most of which were for drunkenness. Mahalm was fined £5, in default six days’ imprisonment REMANDED

Because a youth charged under the name of John Ariki Davis had given a false name he had been unable to give a report on him, said Mr C. A. Ritchie, a probation officer, in asking that the accused be remanded for a further period. He said the youth’s real name was Hoani Repia. The accused, who was charged with theft of goods valued at £37 10s, was further remanded in custody to November 28.

Raymond David Marriott (Mr B. J. Drake) was remanded to November 24 on a charge of indecent assault on a female* on November 13. Bail was renewed. Clarence Desmond Sunbeam was remanded to December 1 on charges of theft of shoes valued at £ 4 Bs, receiving stolen property valued at £4 Bs, and unlawful carnal knowledge. Bail was renewed.

Two youths, whose names were suppressed, were remanded to November 24 on charges of robbery and counting-house breaking with intent on November 13. They were represented by Mr K. A. Gough and Mr B. J. Drake, and their bail was renewed. (Before Mr Raymond Ferner,. S.M.) JUDGMENT BY CONSENT Judgment for £6l was awarded by consent to the plaintiff in a civil claim. R. E. Aspray, Ltd. (Mr S. H. Wood), a metal and plastic furniture manufacturer, claimed £l9l 15s from Dainty Inn, Ltd. (Mr B. L. Stanley), as the balance of an account for £596 15s for the manufacture and installation of unit seating in a milk bar about Labour Day week-end, 1959. Judgment was awarded to Aspray, Ltd., on a counter-claim by Dainty Inn, Ltd., for £2OO. Mr Wood said that the plaintiff installed the unit furniture but the manager of the milk bar was not satisfied. The furniture was then taken out and replaced in a different position. The defendant alleged that the plaintiff did not install the unit furniture in the right place and it lost business because the furniture had not been installed during the Labour Day week-end.