Magistrate’s Court Bookmaker Sent To Gaol For Third Offence

Press, Volume C, Issue 29616, 12 September 1961, Page 3

Magistrate’s Court Bookmaker Sent To Gaol For Third Offence

“I do not think probation would be appropriate in this case. You are a gambler, you took a gamble—and lost :it,” Mr A. P. Blair, SAI., told Thomas Henry Gardner, aged 59, when he appeared on a charge of bookmaking I in the. Magistrate’s Court yesterday. It was Gardner’s i third conviction for book- ! making. He was sent to goal for one month, j Sergeant B. D. Read said I the police went to the Lancaster Paris Hotel on August 28, where they found Gardner in the public bar. He admitted he was bookmaking, and had £l6 5s in his possession. | He told the police that he had handled £35 that day, and admitted he had been bookmaking for about 15 weeks. Notebooks and a copy of a racing publication were also found. I Gardner had set limits of £l5 and £5 on £1 win and 1 place bets, and larger bets had been covered by him on the- T.A.8., said Sergeant I Read. Gardner was fined £1 in 1955 and £75 in 1959 for bookmaking. For the accused, Mr W. F. Brown said Gardner was receiving an invalid’s benefit. The extent of his bookmaking had been small, and he felt that a prison term would bring about an illness which would necessitate a long period in hospital. In sentencing the accused, the Magistrate said he would draw the authorities’ attention to any need for special medical care. RAPE CHARGES Bail was opposed by the police when Shane Peter Mathew Murphy, aged 17, appeared on a charge of rape on September 2. After hearing submissions by Mr P. H. T. Alpers in open Court in the morning the Magistrate stood the case down until the afternoon, when the application was considered in chambers. Murphy was granted bail at £l5O, with two sureties of £l5O, and was ordered to report daily to the police after he had given certain undertakings. Reporters were present when the hearing was taken in chambers, but the Magistrate made an order prohibiting the publication of evidence given by a detective and a senior-sergeant. Russell Wilfred Nolan, aged 17 (Mr R. L. Kerr), was remanded in custody to September 14. No application was made for bail. 12 MONTHS’ GOAL “You are only 24 but you already qualify for preventive detention—your record is very bad indeed ’’ the Magistrate told William Anthony Howard whan he appeared for sentence on a charge of shopbreaking and theft at Balmoral on August 26. "If you offend again, you will be really hit hard,” the Magistrate said, sentencing Howard to 12 months’ imprisonment. For Howard, Mr G. T. Mahon said he had had very few advantages in life. His , family circumstances were not the best, and at an early stage he was placed on his own resources. THEFT David Stephen Harlow, a soldier stationed at Burnham, pleaded guilty to a charge of theft and was remanded to appear on September 18 for sentence. r Evidence was given that Harlow had stolen a wallet from a coat left by another soldier in an ablution block at Bumham on August 13. The wallet contained about £l5 10s. An officer from Burnham Camp said that Harlow had been a good soldier but had found the temptations of Army life too great. UNLAWFUL CARNAL KNOWLEDGE “The flat occupied by the accused had come under the notice of the police on previous occasions and this was the third instance of girls being found there after their escape from an institution,” said Sergeant Read. Lucky Tulouga, aged 23, a workman, pleaded guilty to charges of having unlawful carnal knowledge of a girl aged 15, and of harbouring an escaper from a Child Welfare Division institution. Sergeant Read said a girl escaped from a receiving home and went to a flat occupied by a number of Maoris. When they were evicted she moved into a flat occupied by Tulouga in Fitzgerald avenue. Tulouga admitted the offence of unlawful carnal knowledge on September 8. He claimed that he had tried to get rid of the girl but she would not go. He was frank and co-opera-tive with the police, and the girl had been a consenting party. , The accused was remanded on bail until September 18 for sentence. THIRD CHANCE “You have had two chances before and I am not sure that you deserve another. However, I am going to give you one, but remember that if you come before the Court again’, you will go to Borstal,” the Magistrate told William Archibald Gillanders, aged 17, when he appeared for sentence on a charge of stealing a model aeroplane and parts, valued at £l2 Bs. Gillanders was fined £lO. Mr J. A. Bretherton said his client was on probation for offences he was convicted of in the Children's Court He was cot conscious of guilt and did not realise that the offences were criminal. CORRECTIVE TRAINING Jack Atere Pirimona, aged 24, was sentenced to corrective training on two charges of theft, one of car conversion and one of being on enclosed premises. He was

convicted last week, and was appearing for sentence. “You have a pretty bad list—in fact it looks rather as if you will spend the rest of your life in-gaol,” the Magistrate told the accused. CONVERTED VAN Leaving a dance hall in Madras street kite on September 2, Colin William Woodward saw his van moving off along Gloucester street He gave chase, leapt on to the running board and was dragged along the street for a distance before the van was stopped, the Magistrate was told during the hearing of a charge of unlawful taking Of a motor-vehicle against Sam Smith, aged 22. Smith was remanded to appear on September 18 for sentence. CONCURRENT SENTENCE James Alfred Sparks, aged 35, a storeman (Mr B. J. Drake), was convicted of driving a motor-car in Rayburn avenue while under the influence of drink on July 22. He pleaded not guilty. Sparks, who is serving a sentence of three months’ imprisonment on a charge of causing injury by driving a motor-car while under the influence of drink, was sentenced to seven days’ imprisonment. The sentence Imposed is to be concurrent with the sentence being served, and a two-year disqualification from driving is to run concurrently with the disqualification of five years imposed in the Supreme Court. CHARGE DISMISSED Joseph Day, aged 43, a shearer (Mr J. A. Bretherton), pleaded not guilty to a charge of driving a motorcar while under the influence of drink in Hargood street on August 12. The charge was dismissed. The Magistrate said that there was some measure of doubt expressed by the doctor and senior-sergeant who examined Day. OBSCENE LANGUAGE Donald Kiel, aged 33, was convicted and fined £5 on a charge of using obscene language in the private bar of Bonners Hotel on September 9. Kiel pleaded not guilty to the charge. In convicting Kiel the Magistrate said that there was a direct conflict of evidence, but that the language used was not the sort of thing a police officer could have made a mistake about. Detective S. J. Main gave evidence that as he entered the bar of the hotel Kiel said to him, “Hello, muttonhead.” When Detective Main spoke to Kiel he then used the language complained of. CHARGE DISMISSED James Hura, aged 44, a shearer, pleaded not guilty to a charge of fighting on September 9 in Moorhouse avenue. In dismissing the charge the Magistrate said that there was some doubt whether Hura had been provoked. ASSAULT “It was a cowardly act to hit a man much older than yourself, and if it occurs again you’ll go io gaol,” said the Magistrate when fining George McNabb, aged 28, a workman, £lO, on a charge of assaulting a caretaker, aged 57, at the men’s conveniences in Cathedral square. McNabb was also fined £5 for using obscene language and was convicted and discharged on a charge of wilfully damaging a table, the property of the Christchurch City Council, and was ordered to make restitution of £l. He pleaded guilty to these charges. • McNabb said he was under the influence of liquor at the time, and was sorry for what he had done. DROVE UNDER INFLUENCE Gavin Anthony Taylor, aged 20, a carpenter, who pleaded guilty to a charge of driving under the influence of drink or drugs on Deans avenue on August 12, was remanded to September 18 for sentence. He was represented by Mr W. F. Brown. Sergeant Read said at 2.5 a.m. the police received a report that a car was being driven at a dangerous speed along Riccarton road. It was then reported that the car had been in an accident 'when it failed to take the corner from Matai street into Deans avenue and rolled over, on to its side. Taylor was driving his father’s car, and neither he nor his companion was injured. Taylor admitted he had been to a ball. Dr. P. B. Maling certified him as unfit to drive. He had no previous convictions. Mr Brown said Taylor was a member of a good family. He had been to an old boys’ association ball. Although it was conceded he was unfit to drive he was very highly strung and was suffering from a degree of shock when he was examined by the doctor. He had lost control of

himself when taken to the police station. Counsel asked that some punishment other than imprisonment be imposed. “It is clear Taylor Was driving dangerously, was a menace to life, and was intoxicated to a large degree,” said the Magistrate. Mr Brown asked the Court to take into consideration Taylor’s age and the Criminal Justice Act, 1954. Dr. K. J. Wilson, who also examined Taylor at the station, said it was his opinion that the accused had performed the tests so badly for the police doctor because of some emotional' disturbance. Taylor was granted bail. CHARGE ADJOURNED A charge against Raymond Frederick Thompson, aged 29. a driyer (Mr B. J. Drake), of being in charge of a motor-truck while under the influence of drink in Wright? road on August 26, was adjourned until today. Constable J. S. Hibbs said he found two trucks at the scene of -an accident in Wrights road, and Thompson was standing some distance away with the keys to one of the trucks in his possession. - Evidence for the- defence was that at the time Thompson was arrested the truck he had been driving before the accident could not then have been driven by him in the condition in which it then was. Mr Drake said that Thompson could not be held to be in charge of the truck for the purposes of this charge, when the truck could not be driven. DRUNKENNESS Cornelius Hanafin. aged 66, a labourer, was fined £2 on a charge of being found drunk in Seaview road on September 9, having been convicted of the same offence with the previous six months. CHARGE DISMISSED A charge against Carl William Athol Millan, aged 47 (Mr R. G. Blunt), of assaulting his wife on September 9 was dismissed after his wife declined to give evidence. REMANDED Robert Lester Syme, aged 45, a company director, was remanded in custody to September 18 on 34 charges involving false pretences, forgery, theft by failing to account, theft by misappropriation, aggravated assault, theft, and presenting a firearm. He was represented by Mr W. Anderson. A man whose name was suppressed was remanded to Sunnyside Hospital until October 9 under section 37 of the Mental Health Apt when he appeared on a charge of attempting to commit an unnatural offence at Rolleston on August 25. Peter Patrick Mason Dick, aged 33, was remanded on bail to September 21 on a charge of stealing a cheque valued at £648 16s 3d on October 29, 1969, when employed as a clerk by the South Island Motor Union. • Wayne Maurice Carstairs, aged 20, was remanded to appear on September 18 on a charge of theft from a dwell-< ing house at Governor’s Bay ; and assault at Christchurch! on August 15. A man whose name was ! suppressed was remanded to ! appear on October 2 on a charge of theft as a servant, on or about May 5. He was represented by Mr K. A. Gough. Francis Lewis Gibson, aged 55, was remanded to appear on September 18 on charges of assault causing actual bodily harm and Obtaining credit by fraud. Francis Brian McCarthy, aged 23, was remanded on bail to September 18 on a charge of disorderly behaviour. Wilkie Campbell, aged 39. was remanded on bail to, September 18 on a charge of assaulting a woman. Patrick George Shannon, aged 23, was remanded on bail to September 14 on a charge of fighting. (Before Mr E. S. Crutchley, S.M.) FINED £25 Raymond Frank Smith, aged 39 (Mr A. D. Holland), was fined £25 on a charge of driving a motor-vehicle while intoxicated on August 2. He pleaded not guilty. Because of “special reasons,” the Magistrate said he would not can. cel Smith’s licence to drive. Evidence was given that the accused had suffered from concussion in a previous accident. (Before Mr N. M. Izard. S.M.) CHARGES DISMISSED Charges of driving while intoxicated, resisting the police, and negligent driving against John McEwan were dismissed. He was represented by Mr B. A. Barrer, and he pleaded not guilty to all charges. They arose from an accident in Wairakei road about 6.20 p.m. on August 16.