Magistrate’s Court MAN GAOLED FOR SIX WEEKS FOR ASSAULT

Press, Volume C, Issue 29444, 21 February 1961, Page 8

Magistrate’s Court MAN GAOLED FOR SIX WEEKS FOR ASSAULT

For what was described as "a vicious assault” Colin John Burgess, aged 32, a glass beveller, was sentenced to six weeks’ imprisonment by Mr Raymond Ferner, S.M., in the Magistrate’s Court yesterday. Burgess pleaded not guilty and conducted his own case. The prosecutor was Sergeant V. F. Townshend. Joseph Patterson Munro, aged 49, a tally clerk at Lyttelton; said at 6.1 S p.m. on Friday he was standing at the Bryndwr bus stop in Cathedral square opposite the Plaza Theatre. He was alone. A man standing beside him suddenly said: “Who are you talking to?” Munro replied that he had not spoken. The next thing he knew he was grabbed from behind and thrown to the ground, Munro said. While he was on the ground he received a vicious kick in the face. Burgess declined to give evidence on his own behalf and from the dock asked the Magistrate to amend the charge to one of fighting, as he could not remember much about the incident. Sergeant Townshend said Burgess had 13 previous convictions, including two for assault. (Before Mr E. A. Lee, S.M.) THREE WEEKS’ GAOL Twenty-one days’ imprisonment was imposed on Patrick Duke, aged 29, a drain layer, on a charge of driving under the influence of drink or drugs at Kaiapoi on January 2. His driver’s licence was cancelled and he was prohibited from obtaining another for 10 years, and then only by the order of the Court. Duke, who was represented by Mr B. J. Drake, pleaded not guilty. Sergeant E. S. Tuck said at 8.15 p.m. a traffic officer saw a car driven south by Duke on the Main North road. It was weaving from side to side on the road and other cars were unable to pass. The traffic officer attempted to stop the car but Duke took no notice of the signals. When the car was stopped Duke was found hunched forward in the seat. He was unsteady on his feet when he got out and had to hang on to the car door handle for support. Duke was certified by Dr. C. F. McKee, of Kaiapoi. as unfit to drive at 8.45 p.m. Duke had previous convictions for driving under the influence and for being under the influence when in charge of a motor vehicle. Sergeant Tuck said. Mr Drake said that Duke had been out to Ashley to spend the day with some friends with whom he had worked in the North Island. He had some liquor but when he set out to drive to Christchurch he thought he was fit to drive. He had been travelling reasonably slowly. He was a nervous type and was affected by a bad stammer which could have led the traffic officer and the doctor to believe that he was more trader the influence than he was. Duke had some matters on his mind, Mr Drake said. He was arrested in October of last year on a serious charge and spent some time in custody before he was released on bail He was subsequently acquitted on the charge. His employer regarded him as a good worker. "I must have some regard for the defendant’s previous record,** said the Magistrate when imposing sentence. BROTHERS CHARGED After taking a motor-car, valued at £2BO. from outside the Essex Maternity Home in Essex street on February 3. two brothers. Peter John Calder, aged 19, and William Richard Calder, aged 23, stole a set of registration plates from a car parked in Tuam street and fixed them over the plates of the car they had converted, said Sergeant Tuck. The defendants, who were jointly charged, pleaded guilty to a charge at unlawfully taking a motor vehicle and Hie theft of a set of registration plates, valued at ss. They were both remanded to February 23 for a probation officer’s report and sentence. Bail was refused. Sergeant Tuck said that the day after the offence, February 4, a motorist saw a car overturned and on fire at

Broken River, near Springfield. He reported the matter to the police, who went to the scene of the accident. When pressed by the police the occupants of the car admitted converting it, and said they had wanted to get to the West Coast, said Sergeant Tuck. The car was almost totally destroyed. Restitution of £240 was sought. GIRLS FOUND ON SHIP After attending a party on the m.v. Coptic, which was berthed at Lyttelton, on February 20, Elizabeth Broughton, aged 20, and Julie Broughton, aged 21, told police they fell asleep in bunks in the crew’s quarters after consuming a little too much liquor, said Sergeant Tuck. Elizabeth Broughton was appearing on a charge of being idle and disorderly and also of being unlawfully on a ship at Lyttelton on February 20. She pleaded guilty to both charges. Julie Broughton pleaded guilty to a charge of being unlawfully on a ship on the same date. They were remanded to February 27 for a probation officer's report and sentence. SLEPT IN CARRIAGE Found sleeping in a railway carriage ih the Springfield railway yards at 12.30 a.m. on February 19, Reuben Charles Wilfred Darling told a constable, when awakened, that he had missed a train back to the West Coast. He said he had come over to Christchurch to take part in the Metropolitan Trotting Club “festivities,” but had spent most of his money on liquor, said Sergeant Tuck. Darling, who pleaded guilty of being found unlawfully on enclosed premises, was fined £4, in default six days’ imprisonment. Sergeant Tuck said Darling had a very formidable list of previous convictions. t "I was just a bit unfortunate,” Darling said. Magistrate: It seems you have been unfortunate about 94 times in the past. FORGERY A 38-year-old man, who pleaded guilty to a charge of committing forgery while employed by a city firm on January 30. was remanded to February 27 for sentence. He was granted interim suppression of his name. Bail was allowed in his own recognisance of £5O, with a similar surety. Sergeant Tuck said the accused admitted when questioned by the police that he had written out a receipt which purported to show that a person had returned cages and bags valued at £5 to the firm. The accused, who was employed by the firm at the time, had then got a friend to cash it The man said he needed the money to pay various accounts. DROVE UNDER INFLUENCE Seen by a constable at Ladbrooks standing beside his car, which had overturned after running on to the grass verge of Robinson’s road and swerved across the roadway. Edward Vincent Fahey, aged 60, a farmer, of PrebHeton. was unsteady on his feet and when taken to the Central Police station was certified as unfit to drive, said Sergeant Tuck. Fahey, who was represented by Mr N. P. Williamson, pleaded guilty to a charge of driving while under the influence of drink or drugs. He was fined £3O and disqualified from driving for three years. Mr Williamson said Fahey had been drinking with a friend, who was visiting the city for the races, before the offence. The drink caught up with him while he was driving along a country road after their meeting; REMANDED Brian William Peka. aged 27, was remanded to February 27 on a charge of theft of timber and a sink, valued at £lO 15s, at Christchurch on October 12. 1960. On a charge of driving while under the influence of drink or drug* on February 5. Desmond Ernest Le Gros was remanded to February 27 Bail was renewed. Eric Neville Hill was remanded to February 27 on a charge of stealing rings valued at £260 at Timaru on December 9, last year. A charge of attempted conversion of a motor-cycle, valued at £3BO. against Reg-

inald Joseph Maaka was remanded to February 27. Maaka pleaded not guilty to the charge, which was alleged to have taken place on February 18. John Valentine Spencer was remanded in custody to February 27 on a charge of arson on or about February 12. Sergeant Tuck said he had been arrested on a warrant at Timaru.

Hemi Hoepo was remanjied in custody to February 27 on charges of being idle and disorderly, and unlawfully converting a motor vehicle on February 12 and 13. OBSTRUCTED FOOTPATH On a charge of obstructing the footpath in Cathedral square on February 12. George Albert Stewart, a carpenter, aged 24, was convicted and fined £6. A further charge of disorderly behaviour was dismissed. Stewart, who was represented by Mr A. F. Wilding. pleaded not guilty to both charges. •Constable L. J. Peterson said that on the afternoon of February 12, while he was on duty in Cathedral square he had occasion to speak to Stewart three times. The first was when he and a group of other youths were blocking the footpath at the northern end of the square and he later noticed him sitting on the footpath with his legs stretched out across the path. He had walked over to the police car and annoyed the police dog, Buck, who was in it, said Constable Peterson. The third time he saw Stewart was about 5.30 p.m. and he was banging against the window of a telephone box in which were two young girls. When the girls left the telephone box the defendant followed them, said the constable. When he stopped the girls in Hereford street and asked them if Stewart was annoying them they said that he was and that they were trying to get away from him. In evidence, Stewart denied upsetting the police dog and did not consider he was annoying the girls but said he had only “made faces” at them, through the windows of the telephone box. and they “seemed to think it was funny.” (Before Mr A. P. Blair, S.M.) GIRLS SENTENCED Two girls aged 17 who each appeared for sentence with two youths on a joint charge of shopbreaking and theft at Dunedin on February 2 were told by the Magistrate that they came from good homes, and it was time they stopped behaving like “spoilt children." “You have brought trouble upon yourselves and it is hoped you realise by now where your conduct is leading you,” the Magistrate said The girls, Yvonne McEntee and Erin Margaret Lummis, were each placed on probation for two years. The youths were Trevor Leonard Richard Starr and Colin Richard Hazeldean, both aged 17. As well as the shopbreaking offence, Starr and Hazeldean also appeared for sentence on joint charges of theft of a transistor radio valued at £l7 17s from a Dunedin shop, and converting a motor-car which the party used to return to Christchurch. The Magistrate warned Hazeldean, who had previous convictions, that he would inevitably be sent to Borstal if he committed further offences. Hazeldean and Starr were each fined £25 for the shopbreaking offence and ordered to make restitution. On the charge of theft of the radio they were each placed on probation for two years, and for converting the car they were placed on probation tor two years, ordered to pay restitution of £25 each, apd prohibited from obtaining a driving licence for two years. CAR CONVERSION Edward Brand, aged 29. who appeared for sentence on a charge of unlawful conversion of a station waggon valued at £l4OO on February 3. was ordered to come up for sentence within one year if called upon. He was also ordered to make restitution of £75. The Magistrate said drink seemed to be Brand’s problem. He had settled down to some extent since a previous appearance in Court, and would be given another chance. He had reached the end of his tether, however, and if he appeared in Court again he would be dealt with severely. INDECENT ASSAULT A 53-year-old man. who was represented by Mr B. J. Drake, was convicted on a charge of indecent assault on a male. He was remanded to February 28 for a probation officer’s report and sentence Bail was renewed and he was granted interim suppression of name.