Magistrate’s Court NURSE CHARGED WITH STRIKING MENTAL PATIENT

Press, Volume C, Issue 29508, 9 May 1961, Page 12

Magistrate’s Court NURSE CHARGED WITH STRIKING MENTAL PATIENT

textensivS bruising was found on a 19-year-old patient at. the Templeton Hospital and Training School when he examined her on March 15, three days after the patient had allegedly been struck by a nurse in charge of her ward, said Dr. J. F. M. Stenhouse in the Magistrate’s Court yesterday. Dr. Stenhouse. acting medical auperintendent of the hospital, was giving evidence in a charge against the nurse of striking a mental patient at the hospital on March 12. The charge was brought under the Mental Health Act. Mr Raymond Ferner. S.M., adjourned bhe ease to May 15 after the evidence of Dr. Stenhouse had been taken He ordered that the name of the accused be suppressed in the meantime. The 1 accused was repre-sented-by Mr B. J. Drake. The mental patient was found to have extensive bruising. mostly about the lower part of her body, said Dr. Stenhouse. One large bruise looked as though it could have been inflicted with prods ito the body by some blunt I instrument, while others could have been from “any sort of bumps.” Moderate force, similar to that in a “good, sharp punch” would have had to, be used, he said. A lot of the bruises could have been caused through falls. The witness said the patient told ihirn she had got the bruises from being kicked by the accused. When he questioned the accused about the bruises on March 17 she told him she must have pushed the patient over when she was trying to enter one of the ward cupboards, he said. "I was not satisfied with this explanation. To my mind one push over would not have caused the extensive bruising found on the patient,” the witness said. Cross-examined by Mr Drake, the witness said he first examined the pdtient three days after she had allegedly been struck. The hospital matron drew his attention to the bruising. He said there were 45 female patients in the ward. Mr Drake: Would some of the patients be capable of striking other patients? The witness: There is no record of any such patients in the ward. He admitted that some incidents could go unseen in the ward “because we are so short of staff.” The witness said the patient concerned was somewhat unsteady on her feet and was more given to falling over than usual. Although she was aged 19 she had a mental age of only six or seven, and an I.Q. of 40. He said the patient when questioned later about her bruising also said the accused had pushed her in the corridor. Nearly all the patient’s bruising had disappeared by March 20. he said. Further questioned he admitted that quite a substantial proportion of the bruises would be suffered in falls. Mr Drake asked the witness what else a nurse could reasonably be expected to do than push a patient away if she found the patient trying to get into the ward office, where the medicine cupboard was kept. The witness said that if the patient was strong other nurses could be summoned to help to restrain her. He agreed that the patient could fall over quite easily if given a push. TOOK MOTOR-CYCLE Two young men who were I heard to take a motor-cycle , from a house in Oxford terI race at 11.45 p.m. on April 30 and start it in the street fell off the machine when being chased by the owner and a friend in Fitzgerald avenue, and ran into a nearby property, said Sergeant T. A. A. Marson.

The men, Ronald Reginald McKay, aged 23, a workman (Mr J. N. Matson) and Gavin Mclnnes Patterson, aged 20. a university student (Mr P. G. S. Penlington), each pleaded guilty to a joint charge of converting the motor-cycle valued at £6O. the property of Peter lan Duncan.

They were each fined £lO. Sergeant Marson said that when the men were arrested later in the night they showed signs of having consumed liquor. Inquiries showed that both had attended a party during the evening. The offence would probably not have been committed had the two accused been sober, he said. Mr Penlington said that Patterson was invited to get on the motor-cycle, and did so without knowing it belonged to some other per son Mr Matson said McKay accepted full responsibility for taking the machine. DISQUALIFIED DRIVER Maurice James Powell was fined £2O and placed on probation for two years when he appeared for sentence on a charge of driving while disqualified on February 1. He was fined £W and disqualified from driving for a year, on a further charge of driving recklessly on the same date, Mr J. N. Matson. Powell’s counsel. submitted that Powell's reckless driving was caused in part by his panicking after he had seen a traffic officer. The whole episode lasted only a short time, and nobody was hurt by Powell’s actions, he said. FOUND DRUNK

A university student who appeared on a charge of being found drunk in Rolleston avenue on May 1 had earlier been encouraging fellow students in pushing a bed around Hagley Park, and had had a late night and been to a party with students, said his counsel. Mr G R. Lascelles.

The youth was convicted and discharged. A further charge of using obscene language was withdrawn. Sergeant Marson said the student was so drunk when arrested that he would not have known that he had used the words. Mr Lascelles said a conviction would be out of all proportion to the offence, which was the aftermath of capping week—a time when Students exercised less restraint than usual. INTOXICATED DRIVER Warwick Dailey, aged 31. a painter, was an alcoholic and had been treated by a doctor over the last two months for a nervous condition and alcoholism. said. Dailey’s counsel (Mr A. D. Holland >. Alcohol was his real problem. and he was in need of the treatment, said Mr Holland. The accused appeared on a charge of driving while under the influence of drink or drugs in Johns road. Papamu, on April 25. He pleaded guilty, and was gaoled for 10 days. His driving licence was cancelled for three years. Sergeant Marson said Dailey was arrested in Johns road after a complaint by a motorist that he had seen a car being driven erratically and swerving across the road almost to the verge on the wrong side in Yaldhurst and Russley roads. Mr Holland said Dailey was an alcoholic, in his doctor’s view, and was in need of treatment. He asked that a punishment be imposed which would enable him to continue with treatment. Dailey had not consumed liquor for two months before the day of the offence, but his weakness got the better of him, Mr Holland said. COMMITTED TO SUPREME COURT The Magistrate declined jurisdiction when John Valentine Spencer, aged 46, appeared for sentence on charges of committing arson at 338 Armagh street on February 12 and theft of goods valued at £32 15s on February 11. Spencer was committed to the Supreme Court for sentence. Mr B. J. Drake reserved his submissions. 10 DAYS’ GAOL

Ten days’ imprisonment was imposed on William Sinclair Gardiner, aged 38. a former corporal in the New Zealand Army, when he pleaded guilty to a charge of driving while under the influence of drink or drugs on April 24. His driving licence was cancelled for three years. Sergeant Marson said that a Christchurch motorist saw Gardiner’s car being driven very erratically along the Main South road, Burnham. It swerved from side to side, and veered off the road into a hedge. Gardiner smelt strongly of liquor, and after his arrest was certified as being unfit to drive by a police doctor. Mr C. B. Atkinson said Gardiner had obtained his discharge from the Army a short time before the offence. He had started a responsible job with a city firm, and was setting up a home for his family. On the day of the offence he had been drinking with two fellow former prisoners of war whom he had not met since the end of World War 11. OBSCENE EXPOSURE

On a charge of obscenely exposing himself within view of Beresford street, New Brighton, William Shepperd Newman, aged 36, a watersider. was convicted and remanded until May 19 for sentence. Bail was allowed. Newman (Mr B. J. Drake) pleaded not guilty to the offence, which was committed in his home on April 24. ASSAULTED WIFE A man was convicted on a charge of assaulting his wife on May 5. He was ordered to come up for sentence within six months if called upon. Suppression of name was granted. The accused, who pleaded guilty and was not represented by counsel, had gone to a shop where his wife was and threatened her and their children, said Sergeant Marson. The assault was not serious, and the accused’s wife now wished to withdraw the information, although it had been made awkward by his pleading guilty, he said. 10 DAYS’ GAOL On a charge of driving while under the influence of drink or drug's in Pages road on May 6, Francis Richard Fox, aged 50, a workman, was sentenced to 10 days’ imprisonment and he was disqualified from obtaining a driver’s licence for three

years. On a second charge of having no driver’s licence Fox was fined £5. He pleaded guilty to both charges. Sergeant Marson said that the accused was stopped at 6.15 p.m. after his car had been left parked in the middle of Pages road and was forcing other drivers to use the wrong side of the road. He admitted to the police that he had had a few beers, at New Brighton, and said that he had not held a driver’s licence for eight years. PROBATION BREACH “Probation is a privilege not to be abused, and if you do you will be sentenced on the original charge and go to prison,” said the Magistrate when he convicted Ronald Allan Peters, aged 25, on a charge of failing to report to the probation officer in accordance with the terms of bis probation. He pleaded guilty to the charge, and was fined £lO. REMANDED Robert Samuel John Chamberlain, aged 21, a sawmill hand, was remanded to May 6 on a charge of intoxi'cated driving at Christchurch on April 28. Chamberlain, who was represented by Mr B. J. Drake, was allowed bail.

David William Hare, aged 19 (Mr G. R. Lascelles), was further remanded to May 15 on a charge of breaking and entering and committing theft on April 25. Bail was renewed.

Leonard Brown, aged 48 (Mr G. R. Lascelles), was further remanded to May 15 on a charge of theft to the value of £4O. Bail was renewed.

On a charge of being a rogue and a vagabond at Christchurch on April 10, Henry Joseph Kay, aged 30, was remanded to May 11. Bail was renewed.

On a charge of breaking and entering a shop in Bower avenue on April 28 and committing theft, John Francis Pagel, aged 17 (Mr A. B. Harman), was remanded to May 15. William John Erridge, aged 30. was further remanded to May 11, on a charge of being a rogue and a vagabond on April 10. Bail was renewed. Hugh Walker Williams, aged 35, was remanded on bail to May 11 on a charge of using insulting language in Riccarton road on May 5. A man who was granted interim suppression of his name was remanded on bail to May 15 on a charge of assault on April 25. CHARGE DISMISSED A charge against William John James Millar, aged 20, of stealing a travelling bag valued at £4 was dismissed for lack of prosecution. (Before Mr A. P. Blair, S.M.) PROBATION

Raymond Arthur Griffiths, aged 38, was placed on probation for one year when he appeared for sentence on a charge of theft, by failing to account, between November 26 and February 13. Restitution of £52 15s was ordered. Appearing for sentence on a charge of stealing a radio valued at £2l, James George Darrell, aged 37, was placed on probation for one year. Mr S. H. Wood, who appeared for Darrell, said that the theft was a silly one, and drink had played a major part in the offence.