Magistrate’s Court THREE MONTHS’ GAOL ON CHARGES OF ASSAULT

Press, Volume C, Issue 29459, 10 March 1961, Page 3

Magistrate’s Court THREE MONTHS’ GAOL ON CHARGES OF ASSAULT

A young man who assaulted and kicked an 18-year-old soldier outside the Golden Moon cafe at 1.30 a.m. on March 2 and then drove his car across the road towards the entrance of the cafe, causing the soldier to leap aside to avoid the vehicle as it crashed into a power pole, was sentenced to imprisonment when he appeared in the Magistrate's Court yesterday.

He w r as Wayne Morris Carstairs. aged 23. On a charge of assaulting the soldier, Jerry Herimaia Rewita. he was gaoled for three months. For recklessly driving his car he was fined £ls. and prohibited from obtaining a driver's licence for two years. He was fined £3 for

having no driving licence. Carstairs’ companion, Ernest Harold Bland, aged 18. who was also found guilty of assaulting Rewita, was fined £7. Mr Raymond Ferner, S.M., was on the Bench. Mr N. H. Buchanan

appeared for both accused, who denied the assault. Carstairs also denied the reckless driving charge. Rewita gave evidence that with two other soldiers and two girls he went to the Golden Moon cafe for a meal at 1.30 a.m. The two accused entered the cafe and spoke to the girls, one of whom left the cafe shortly after with them. She told Rewita to hold her handbag and when Rewita went outside Carstairs approached him. asked him what was the trouble, and then kicked him. Bland also hit him on the face, and went across to Carstairs’ car and came back with a crank handle which a taxi driver stopped him from using.

The pair then went back to the car and Carstairs drove the vehicle straight towards Rewita: “I had to step away quickly, and the car crashed into a pole,” he said. Another soldier gave corroborative evidence.

Carstairs, in evidence, said the girl was trying to get her handbag, which Rewita held. He heard her trying to get it back, and she asked him if he could get it for her. He approached Rewita and punched him and kicked him because Rewita turned round as though he was going to throw’ a punch. Carstairs said his car’s accelerator jammed as he was turning the vehicle so it went forward into the power pole.

Bland, in evidence, said he took the crank handle “more for bluff than anything” be-

The Magistrate said Carstairs had a bad record of crime for a person of his age. including resisting and assaulting police, escaping from a penal institution, and shopbreaking. He had previously served Borstal and prison terms. “DRUNKEN RUFFIAN” CONVICTED “It seems a dreadful thing that respectable people should have to put up with the attention of drunken ruffians of their type. That the defendant was involved in fighting is clear and I convict him on an amended charge of fighting.” said the Magistrate, when Barry Winston Houghton, aqed 18, a millhand (Mr P. Joyce*, pleaded not guilty to a charge of assault on Maurice George Shaw, a freezing worker, on November 5. at Kerr’s Reach.

In remanding Houghton in custody to March 13 for a probation officer's report and sentence, the Magistrate said that Houghton should go to prison.

While he -was walking along the river bank with his girl friend a youth whom he identified as Houghton, dropped on him from out of a tree, said Shaw.

He asked Houghton what he was doing and Houghton let the branch of the tree strike him in the stomach. He retaliated but two or three of a gang of about 13 held him and he was struck twice in the face by Houghton.

The youths had been drinking, he said. “After this we fell to the ground fighting but as soon as I had him pinned to the ground Houghton's friends kicked me on the head." he said.

“The only way I could get away from them was to go to the park with them and there I had to apologise.” Houghton denied jumping on Shaw from a tree and striking the first blow. “A friend nudged Shaw as he was walking by and he turned around and struck me. I struck him back,” the accused said. LICENSEE FINED Three policemen w’ere among the bar patrons found drinking in the New Railway Hotel after hours on January 11. according to evidence given in a charge against the licensee of the hotel, William Belcher.

Belcher, aged 43 (Mr W. F. Brown), pleaded guilty to a charge of selling liquor after hours. He was fined £ 10. A further charge of selling liquor after hours on January 4 was adjourned to April 13.

Sergeant V« F. Townshend said police who visited the hotel at 9.50 p.m. on January 11 found eight persons drinking there. One person was a boarder at the hotel, and four persons were claimed to be guests. The three other men were policemen and Belcher said he knew they had come to the hotel to have a drink but thought they were “covered” by the boarder. Mr Brown said the licensee expressed his regret for the offence. BREAKING AND ENTERING

Three youths when interviewed by police about a number of breaking and entering and other offences admitted that they had had an egg fight in one of the shops which they broke into, and had thrown ice cream about the floor and walls, said Sergeant T. A. Marspn. The youths were Clifford Geoffrey Humm, aged 17. a factory worker. Noel Alexander Charles Davies, aged 19. a factory worker, and John Francis Pagel, aged 17. a workman.

All three accused pleaded guilty to a joint charge of breaking and entering the Hoon Hav Pharmacy. Halswell road on February 19 and committing theft. They also admitted a joint charge of breaking and entering the shop of Reuben Thackwell at 100 Wilsons road on February 19 and stealing cigarettes. tinned food, and other goods valued at £42. Humm and Pagel pleaded guilty to a joint charge of breaking and entering the premises of Arnold France. Ltd.. 318 Montreal street, on February 19 and committing theft, and Humm also admitted entering the same premises two nights later, using a key which he had stolen on the first occasion. Humm also -admitted a separate charge of theft of a bicycle valued at £ls on January 14. All three accused were remanded to March 20 for sentence on all charges. They were each granted bail of £IOO. with similar sureties. ASSAULTED WIFE

On a charge of assaulting his .wife at their home on the evening of March 3. Larry Jasper Salt, aged 24. a butcher (Mr’B. S. McLaughlin). was ordered to come up for sentence within three months if called upon. He pleaded guilty. THEFT OF SHIRTS While employed by Woolworths. Ltd., last July 27. Colin James Woods, aged 25. stole 48 children’s T-shirts valued at £l3. and in December sold most of them to a second-hand dealer, said Sergeant Marson. Woods, who admitted the theft. was remanded to March 13 for sentence. Bail was allowed in his own recognisance of £IOO. with a similar surety. ATTEMPTED FALSE PRETENCES Telling his landlady that he had a bank account but he had run out of cheque forms and the bank was closed. James Percival William Campbell, a boot repairer, borrowed three cheque forms with one of

which he attempted to pur-i chase a radio valued at £l3] l£>s 6d from a city store, said; Sergeant Marson. Campbell pleaded guilty to charges of attempted false, pretences by attempting to] obtain the radio and £2l Osl 6d from Hay's, Ltd., with a valueless cheque for £35 on] March 7, and false pretences 1 ’ by obtaining flowers worth] £2. and £3 in money, from! Kowhai Florists on March; 6. He was remanded in cus-| tody to March 13 for sen-; tence. Sergeant Marson said! Campbell had 63 convictions] for similar offences. ASSAULTED FRIEND -Pesmond James Duggan,] aged 18. who pleaded guiltyi to a charge of assaulting Neil Lindsay Graham on the even-1 ing of November 15, was I warned by the Magistrate! that if he appeared in Court] again for further offences he could look forward “confidently” to a prison sentence. He was convicted and ordered to come up for sentence within 12 months if called upon. Sergeant Townshend said the assault took place after a theatre screening. Duggan grabbed the complainant,; spun him round, and hit him' on the face. Mr B. J. Drake. Duggan’s] counsel, said the assault took place after the complainant had taken Duggan’s girl friend to the pictures. The two had since settled their differences, and were again on friendly terms. THEFT AS SERVANT

A 44-year-old woman, who was granted interim suppression of her name, was : remanded to March 13 for ' sentence on a charge of theft of £ 1 10s (id as a servant on February 18. She pleaded ' guilty. Bail was granted in her own recognisance of £SO. DANGEROUS DRUG CHARGE A charge against a 19-year-old youth of attempting to obtain possession of a dangerous drug—marijuana—on January 25 was further adjourned to March 16. DANGEROUS DOG j Flora Lillian Griffen pleaded guilty to two charges of owning a dangerous dog' and to one of having an| unregistered dog. The first two charges were adjourned j for two weeks to enable a i home to be found for the dog away from the city and she was fined £ 1 on the | other charge. • The dog is a very playful animal,” said Mr R. Twyneham, who appeared for Griffin. "Children of the neighbourhood let it off the chain to play with it. The dog has never injured anyone before and I request that an order not be made for it to be destroyed.” FALSE PRETENCES Giving a transistor radio to the wife of a hotel licensee in Invercargill as security for a loan, a man obtained £5 and then returned to Christchurch without paying £G 10s for lodgings. The radio belonged to another person, said Sergeant Marson. Arthur Le Breton pleaded guilty to a charge of false pretences valued at £26. He was remanded in custody to March 13 for a probation officer’s report and sentence. The Magistrate refused to grant an application for bail. ILLEGALLY ON RACECOURSE Herman Harold Voice, a pensioner pleaded guilty! and was fined £3 for tres-j passing on the Addington racecourse on February 15. Sergeant Townshend said! Voice had a conviction for theft. DUMPED RUBBISH ON ! ROAD Letters, hire - purchase i agreements and other documents found by the police; among a pile of rubbish 1 dumped on the side of a road, in Halswell led to the identi- j fication of the offender. Paul Stuart Richards, aged; 19, was fined £2 for dumping rubbish in a public place.; ARMS BREACH ACT As a result of a rifle being discharged about a chain from the home of an elderly farmer and his wife at Greenpark on January 12; Tex Arthur Carlyle, aged 18.: a bricklayer, was fined £5 for discharging a firearm to | the danger of life or pro-; perty. OBSCENE LANGUAGE ’ On a charge of using obs-’ cene language in Ferry road. on Wednesday night. Ber-[ nard Sydney Wilkins, aged. 39, married, was fined £7.’ He pleaded guilty. LICENSING BREACH Clifford James Duncan.' aged 20. was fined £2 fori being on licensed premises when under age on January! 14 REMANDED Douglas Henry Kavanaugh was remanded to March 13 on a charge of breaking and entering the counting-house of the National Bank of New Zealand in Colombo street on March 2. Bail was renewed. Tangi Tahana, aged 22,1 was remanded in custody to' March 16 on a charge of. stealing a pair of boots, valued at £5. on February! 8. A 19-year-old youth, who was granted interim sup-j pression of his name, was: remanded to March 14. fori the taking of depositions, on a charge of assault with in-; tent to commit rape on 1 January 16. (Before Mr A. P. Blair. S.M.) j THREE MONTHS’ GAOL Although he agreed with the defendants counsel that the; theft was of a petty nature, he; must take into account the defendant's record, said the Magi-; strate. in sentencing Edward! George O'Sullivan, aged 25. to! three months' imprisonment on j a charge of theft of pliers.: valued at £1 4s Bd. on December 29. On charges of failing to j give way and having no warrant of fitness, he was convicted and discharged O'Sullivan (Mr J. F. Burn)! .}

j was appearing for sentence on I all charges. I JURISDICTION DECLINED Declining jurisdiction. lhe, i Magistrate committed Gordon ' j Alexander Milne, aged 43. to the | Supreme Court for sentence on I I a charge of theft of a suitcase I • and contents, valued at £B2. on 1 | February 15. On a charge of driving with- j out due care. Milne was con- ' victed and discharged. NAME SUPPRESSED 1 A 17-> ear-old girl (Mr I. A.j Pringle) was placed on proba-| tion for two years when she' appeared for sentence on a charge of theft of a pendant., valued at £5. on or about December 12. Because the defendant was 16 years of age at the time of the offence, the Magistrate supI pressed her name. TRAFFIC CHARGES On traffic charges brought by 'the Transport Department. of-1 j fenders were dealt with as; j follows: 1 Driving at a dangerous speed: j Peter Tauwhare, £l2 (driver s I licence cancelled for two years). I Exceeding 30 miles an hour: i Desmond James Duggan, costs only (no safety helmet. no| (warrant of fitness and insuffi-j i cient lights, costs only on each charge); Ramon Charles Hurst, j £3; Kynnersley Milton Harris, '£3 (no warrant of fitness. £1 10s); George William Murray. £4 (no safety helmet, £3); Kenneth Henry Shirtcliff, £5. Exceeding 50 miles an hour: Noel Maurice Cunningham, £4. Failing to stop at compulsory stop: Richard John Bushell £4; John Martin Hooger Brugge, £3; James Andrew Mikkelsen, £2. Driving without due care: Graham Lawrence Dunster, £8; Noel Alexander Mcßae, £5. No Warrant of fitness: Richand Anthony Collier. £2 (no safety helmet. £3); Brian Vivian Davis, £2; Sydney John Harkess. £2: William Evans Rush, £2; Stewart Augustus Schroeder. £2; Scrimgeour Motors. £2; Thomas John Stevenson. £4; Ivan Donald Walker. No driver’s licence: Barry James Merchant. £5 (supplying misleading particulars about having driver's licence. £5); i Robert John Whitehead, £2 (failing to dip lights. £5). Parting with driver’s licence in order that another might use it: John Driver Newson, £5. ' I Failing to keep to the left: 1 ! John William Keith Anderson,; ! £6. i Permitting use of unlicensed . i motor-vehicle: Neil Douglas McI Lintock, £3 (no driver’s licence, I I Exceeding heavy traffic li- ; cence: Ronald David Shaw, two | charges. £2 and £5 (exceeding! axle weight, two charges, £4 on , each). Breach of goods service 11- I cence: Piesse Shingle Supplies (1960), Ltd., £10; New Zealand] Metal Smelters, Ltd.. £5. j No front light: Charles Alsop. , £2 (no tail light, £1). (Before Mr E. A. Lee, S.M.) ; OBSCENE LANGUAGE j i' A submission that a con- I I stable was tactless in dealing i with a situation when carrying 1 1 out his duty while out of uni- I form and without identification 1 ' papers, was made by Mr A. D. ' Holland. counsel for David ! ' Cecil Schulz, aged 32. a stone- | • mason, who pleaded not guilty |to a charge of using obscene [ , language in Riccarton road on I March 3. He was convicted and fined £5 The charge arose when Con- I stable T. Stewart, relieving con- [ stable at Upper Riccarton. ques- I tioned the driver of a car parked on a pedestrian crossing . ' about 9 p.rn. on March 3. j He was not in uniform at the ■ ] time and had no identification i ! papers w’ith him. ; The passenger in the car, | | Schulz, had used the language ' ] complained of and had been j : arrested. I Schulz, in evidence, said that i . he was about to get .out of the t j car when the door was opened { I and a man asked what was | i going on. I When he asked him to identify himself, the man replied: I "You will find out later.” *T did not know he was a I ' constable until he took me to ' the police station.” said Schulz, j YOUTH NOT IDENTIFIED ! Although Murray Janies ] Shaw, aged 18. acknowledged j striking someone in a state- | menr to the police, there was , no certainty that he struck the . complainant, said the Magis- 1 trate. in dismissing a charge against Shaw of assault on Anthony David Mason, a schoolboy. so as to cause him actual , bodily harm. in Dallington Park on November 5. Shaw 'Mr D W. Russell) ; pleaded not guilty. Mason said that he had gone to Dallington Park with a friend. Trevor Bruce Latham, afte: the river carnival at Kerrs Reach. i He was approached by a : group of youths, and one of them struck him on the nose, , ■ breaking it. • Neither Mason or Latham 1 could identify Shaw as the per- ( son who struck the blow. Mr Russell submitted that the case must be dismissed for lack I of identification. CHARGE DISMISSED The Magistrate dismissed a charge against John Alan Chisholm. aged 40. a carpenter, of being found by night without .'awful excuse loitering on land I near a house owned by Tui j Hoeg on January 26 Chisholm, who was repre-1 ] sented by Mr G R. Lascelles. : pleaded not guilty. PROBATION TERM < John Thriepland McKitterick. ! ! aged 20. an apprentice mech- ! I ante, was placed on probation ' for one year when, he appeared for sentence on a charge of j | using obscene language on Jan-] uary 18. £

cause he was told Rewita had a knife.