Magistrate’s Court Two Years’ Gaol On Series Of Charges

Press, Volume XCIX, Issue 29389, 16 December 1960, Page 7

Magistrate’s Court Two Years’ Gaol On Series Of Charges

A total of two years’ imprisonment was imposed on William Hepi, aged 25, when he appeared for sentence before Mr A. P. Blair, SM., in the Magistrate's Court yesterday, on 11 charges. “In your case probation and Borstal training have been tried in the past," the Magistrate told Hepi. “You are on the way to becoming a confirmed criminal and from now on you must realise you must be dealt with severely.” On each of two charges of shopbreaking and theft, Hepi was sentenced to two years’ imprisonment. He was sentenced to two years’ imprisonment on each charge of counting-house breaking and entering, and housebreaking and theft. On each of three charges of theft, of a total value of £l3 14s. he was sentenced to six months’ imprisonment. A similar sentence was imposed on a charge of unlawful conversion of a motor car and attempted false pretences, and he was sentenced •to three months’ imprisonment on a charge of assault on a constable. He was convicted and discharged on a charge of breach of probation. All terms are to be concurrent.

The offences were committed in Auckland and Christchurch between May 22 and November 23. PROBATION FOR WOMAN

Marie Collins, aged 34 (Mr B. J. Drake), was released on probation for two years when she appeared for sentence on three charges of obtaining credit by fraud, committed jointly with Daniel Chapman Weir, from three retail shops. The Magistrate said he would again grant her probation although she had alreacb' received two such terms for offences committed in the past. He warned Collins that further offences would almost certainly be met by a prison term. Mr Drake said Collins was not the dominant party in the offences, but was under the influence of a much more experienced and accomplished criminal. She had 11 children, the youngest and oldest living at home with her. He asked that Collins be given extended probation instead of prison because of the children dependent on her. GAOLED FOR FORGERY Telling Charles Ngahina Namana that the way he was behaving was a disgrace to his race, the Magistrate sentenced him to one year’s imprisonment on a charge of forgery and three months’ imprisonment on a charge of obtaining credit by fraud, at Masterton on August 19. The terms are to be concurrent. “MEAN” FRAUDS “I do not agree this is a case for probation or a fine,” said the Magistrate to Paul Francis Beals. “You committed 16 very mean frauds on a woman and spent the proceeds on drink.” Beals, aged 42, unemployed (Mr M. G. L. Loughnan), who was appearing for sentence on 16 charges of false pretences, involving a total amount of £39 3s Id, was sentenced to six months’ imprisonment on each charge involving more than £2, and three months’ imprisonment on each of the remaining charges. “This man has been something of a rolling stone,” said Mr Loughnan of Beals. “Once he has started drinking he finds it irresistible and I am anxious for the Court to consider this man’s rehabilitation,” he said. CHARGES ADJOURNED

An altercation between a man and his de facto wife, and his separated wife and a boarder who were living next door, led to all four persons appearing in Court. Each pleaded not guilty to charges of fighting and disorderly behaviour on October 24. The man and his de facto wife were represented by Mr AHearn, his separated wife by Mr G. T. Mahon, and the boarder by Mr R. G. Blunt.

After hearing submissions by counsel after the evidence for the prosecution had ended, the Magistrate dismissed the charges against the boarder and adjourned the remaining charges for six months and made an order for the suppression of the defendants’ names.

The police alleged that after a dispute over footmarks in the garden of one of the defendants’ home, the defendants began to push one another around on the pavement

“Statements made to the police by each of the defendants contain denials of guilt and counterallegations against the others,” said Mr Hearn. “I submit that the most effective way to stop this war which has been going on between the two parties is to stop the hearing at this stage and adjourn the proceedings for one month.”

This submission was supported by Mr Mahon. Mr Blunt said that there was no case against the boarder and asked that the charges against him be dismissed. LICENCE CANCELLED

Signalling a car to the side of the road after witnessing driving which he considered was “pure skylarking,” Traffic Officer L- R. Stringer found the passengers—the driver’s mother-in-law, his wife and two children — in a distressed state, it was said in the Magistrate’s Court. The driver, David James Roberts, aged 19, who pleaded guilty to a charge of driving in a dangerous manner, was fined £lO and his driver’s licence cancelled for one year. On a charge of having no warrant of fitness, he pleaded guilty and was fined £l. He was represented by Mr N. Buchanan. REACHED 85 M.PH.

When stopped outside Burnham, Military Camp and told that he had been checked between Rolleston and Burnham at 85 miles an hour, Colin Lyndon White, a warrant officer stationed at Burnham said that it had been a “fair cop,” said Traffic Officer W. Staritt. White (Mr R. J. de Goldi) denied that he had overtaken other cars, and said he might have broken the speed limit but did not drive dangerously. The Magistrate amended the charge from driving at a dangerous speed to driving without due care. He fined White £2O. OTHER TRAFFIC CHARGES On other charges brought by the Transport Department, of-

fenders were dealt with as follows: Exceeding 30 miles an hour: Donald Anthony Bennett, £3; George Alfred Bourke, £3; William Maurice Buckland, £5; Gerald Dickinson,. £3; Benjamin Paul England, £4; Neil Alexander Mcßae, £4; Derek Walter Robinson, £3; Frank Lewis, £3; Laurence Alexander McKee, £4 (overtaking vehicle on incorrect side of road, £5 and driving licence suspended for three months); Graham March. £3; Leslie Norman Pithie, £3; Patrick John Stack, £3. Failing to stop after an accident: John William Garner, £5 and prohibited from obtaining a driver’s licence for 18 months (no driver’s licence, £2). No warrant of fitness: Phyllis Eileen Butts, £2; Dennis Collings, £1 (permitting use of unlicensed motor vehicle, £5); Adrian White, £3 (no front number plate, £3 and permitting use of unlicensed motor vehicle, £4); Evan Alexander Whittaker, £2; William Murray Smith, £2. Exceeding 30 miles an hour in a heavy motor vehicle: Henry William Church, £4. Wrong class of driver’s licence: Kenneth John Gilchrist. £3; Georgina Marjorie Reeve, £2; John Edward .Shivas, £3. Unable to stop before reaching car in front: Francis Arthur John Carter, £5. Failing to carry heavy traffic licence: Frank McCarthy and George Oscar Rockhouse, £2. Exceeding axle weight: FarrierWaimak, Ltd., two charges, £5 on each. No driver’s licence: Helen Ailsa Collings, £5. Exceeding 40 miles an hour with pillion passenger: Bruce Menzies Reid, £3. Failing to give way at pedestrian crossing: Elizabeth 8001, £3. Committing use of unlicensed vehicle: William Edward Bishop, £5 (no warrant of fitness for trailer, £1; no warrant of fitness for truck, £1). Breach of goods service licence: Andrews and Beavan, Ltd., £3. Failing to stop at a compulsory stop: Agnes Ellen Naomi Amyes, £4. Employing driver under 18 years on heavy motor vehicle: Raymond Maxw’ell Gilchrist, £3 (no certificate of fitness, £3). Permitting person under 18 to drive heavy motor vehicle: John Dudley Hampton, £3. Breach at school crossing: Alexander Bums Mpffat, £5. (Before Mr E. A. Lee, S.M.) BORSTAL TERM FOR ROBBERY A sentence of Borstal training was imposed on Martin Joseph Hickey, aged 18, a freezing works labourer (Mr B. J. Drake), on charges of assault with intent to rob, and breaking and entering Rickstan Industries’ premises, Carlyle street, both committed jointly with Garry Toko Te Pairi, on November 13, and robbery committed on November 25. On a further charge of being found on licensed premises when under age on October 29 he was convicted and discharged. Te Pairi, aged 20, a workman (Mr A. F. Wilding), was fined £2O on the joint charge of assault with intent to rob, and was placed on probation for two years for his part in the breaking and entering offence. , Sergeant V. F. Townshend said that about 15 minutes after Hickey and Te Pairi had assaulted Thomas Arthur Atkinson on the railway overhead footbridge near Madras street at 12.35 a.m. on November. 13 they were found in the premises of Rickstan Industries in Carlyle street. Mr Drake said Hickey’s troubles could be traced to drink, and he could not remember taking the wallet from Brian lan Goodwin, whom he had been convicted of robbing in Barbadoes street on Novmber 25. He submitted that Hickey could still “bring himself together” without institutional training. Mr Wilding said Te Pairi had never been in trouble before. He had already been deterred from committing further. offences. IDLE AND DISORDERLY

Cardigan John Charles Petterson, aged 59, unemployed, was gaoled for one month on each of two charges of being idle and disorderly on December 8, and unlawfully taking a bicycle on December 6. The terms are to be served concurrently. , STOLE SILVER TEA SET Found sleeping beside a woman’s house with an empty port wine bottle beside him, Arthur Lawrence Wilder, aged 45, did not leave when told to and later climbed through a window and stole a silver tea set valued at £45. said Sergeant Townshend.

Wilder, who pleaded guilty to the theft, was remanded to December 22 for sentence. Bail of £5O in his own recognisance, with a similar surety, was allowed. THEFTS FROM HOTEL Robin Ewen James Kempthome was remanded to December 22 for sentence on charges of theft of £l7 9s from the room of Daniel Sullivan, a cook at the Excelsior Hotel, and theft of £2 5s in money from the barman at the hotel, on December 3. Bail of £5O in his own recognisance of £5O, with a similar surety, was allowed. He pleaded guilty to the charges. Sergeant Townshend said Kempthome gained admittance to the hotel by saying he was a member of the American forces and wished to try on a jacket in Sullivan’s room. CAST OFFENSIVE MATTER On charges of casting offensive matter in Colombo street at 12.40 a.m. on November 20, Lionel Douglas Edgar, aged 22, and Alan Charles Rodgers, aged 21, were fined £3. NAME SUPPRESSED A woman who appeared on a charge of shoplifting of goods valued at 10s was fined £lO. Her name was suppressed. SHOPBREAKING AND THEFT On a charge of shopbreaking and theft at Kairaki on December 13, Wallace Leon Hamilton, an apprentice fitter and turner, was put on probation for two years and ordered to make restitution. Mr M. G. L. Loughnan, who appeared for Hamilton, said

that when he found the door of the shop ajar he was unable to resist the temptation. “Open doors present no problems to honest people,’’ said the Magistrate. CHARGE ADJOURNED Charges against Alan Kendrick Archer of being on the licensed premises of the Central Hotel after hours, and wilfully obstructing the police, on October 28, were adjourned to January 19. A similar charge against Patricia Shannon of being found on the licensed premises of the hotel was adjourned to the same date. FALSE DECLARATION For making a false declaration when applying for a refund on motor spirits tax, Charles Edwin Matthew Tilson, aged 28, of Templeton, was fined £l5. Tilson, who pleaded guilty, said the charge arose because he had not kept his records properly. HIRE PURCHASE BREACH On charges of breach of probation and breach of a hire purchase agreement, Kenneth Hillman Lamb, aged 30 (Mr A. F. Wilding), was remanded to December 22 for sentence. Bail was refused. He pleaded guilty to both charges. LIQUOR NEAR DANCE Edwin George Mauger was fined £3 for having liquor near the Yaldhurst hall while a dance was in progress on November 12. ASSAULTED WIFE Arriving home drunk on the evening of July 26, a husband threatened his wife with a carving knife, said Sergeant Townshend. The man, whose name was suppressed (Mr L. G. Holder), pleaded guilty to a charge of assault. He was discharged under section 42 of the Criminal Justice Act. Sergeant Townshend said the husband first threw an alarm clock at his wife, who was in bed. Next he offered her a glass, saying it had poison in it. He then went to the kitchen, got a carving knife out of a drawer and threatened her with it. Seeking the discharge, Mr Holder said the man had been in a mental hospital since July. He had responded favourably to treatment. UNLAWFULLY IN CAR Henry Turoa Tauhuhu, who pleaded guilty to a charge of unlawfully getting into a car, was remanded to December 22 for a probation officer’s report and sentence. Bail of £lOO with a surety of £lOO was granted. TOOK MOTOR CAR For unlawfully taking a motor car on November 12, George John Bryenton was sent to Borstal. On two other charges of theft involving £1 3s value about November 12, and attempted theft of petrol worth 13s 4d on November 11, Bryenton was convicted and discharged. PROBATION A year and a half’s probation was imposed on Brian Mark Stevens, who appeared for sentence on a charge of theft of a transistor radio valued at £37. Mr P. G. S. Penlington said nc damage was done to the radio. Also, before the offence Stevens had a good record and a capacity for hard work. “One would not have thought that, with your previous record, you would have stooped to an offence like this,” said the Magistrate. , TSREXI FIREWORKS Driving around Cathedral square at 7.20 p.m. on October 14, Barrie Houghton threw fireworks at pedestrians; said Sergeant E. S. Tuck.

Houghton pleaded guilty to the charge and was fined £2. He also appeared for sentence on two other charges involving squirting a fire extinguisher from a car. For behaving in a disorderly manner, six months was added to a current probation term, and tor committing assault he was fined £l5. DRIVING CHARGE DISMISSED A charge of driving while under the influence of drink or drugs against a 41-year-old car salesman was dismissed because of conflicting opinions among police witnesses about his ability to drive. Colin William Thomas Warner (Mr B. J. Drake) pleaded not guilty to the charge. He was convicted on a charge of driving without due care and attention, to which he pleaded not guilty, fined £lO and had his licence cancelled for three months. On a charge of having no warrant of fitness he was fined £2. Two constables gave evidence of seeing Warner’s car swerving on Pages road about 1.45 a.m. on December 12. They both considered him unfit to drive. The Government analyst (Dr. N. P. Alcorn) said an analysis of a specimen from Warner revealed 280 milligrams of alcohol to 100 millimetres. Dr. P. B. Maling said this amount would cause 75 per cent, of persons to show definite signs of intoxication, but he considered Warner fit to drive. Mr Drake said the doctor’s reaction to the analyst’s report was one of surprise. Although this might have changed his attitude he still said Warner was fit to drive. It may have been that Warner had a high tolerance for alcohol. The Magistrate said there was no doubt that Warner had liquor, and some of his actions were signs that he had taken alcohol. But all who came in contact with him thought he was fit to drive, except the two policemen who arrested him.. Convicting Warner on the charge of driving without due care and attention, the Magistrate said he was satisfied that his driving had been influenced to some extent by liquor. REMANDED Appearing on three charges of theft Trevor Thomas King (Mr C. J. O’H. Tobin) was remanded to December 19. King was charged with theft of goods worth £6O, a rifle worth £5, and a binocular worth £2O. DISMISSED Charges of selling liquor after hours, opening a hotel after hours, and exposing liquor for sale after hours, against the licensee of the White Hart Hotel, Walter Davie (Mr J. G. Leggat) were dismissed. Davie pleaded not guilty to aU charges.