Magistrate’s Court Three Months’ Gaol For Escaping From Custody

Press, Volume C, Issue 29682, 28 November 1961, Page 14

Magistrate’s Court Three Months’ Gaol For Escaping From Custody

Three months’ imprisonment was imposed on Lyall Robert Lewis, aged 24 (Mr IM. G. L. Loughiiarn wbetlt 'hit appeared for sentence in the Magistrate’s Court yesterday l on a change at escaping from lawful custody at Christchurch on November 7: Mr E. A. Lee, S.M.. was on the Bench. A cumulative sentence ot 14 days’ imprisonment was imposed on a change of theft of two gallon* of petrol I valued at 6s 7d on October 25. Lewis previously pleaded guilty tb both charges. “When Lewis escaped from custody he committed an impulsive act without realising the consequences,” saud Mr Loughnan. He had ’asked the detective if he (could visit his Wife and family. He thought he was (going to be gaoled for three months of more on a charge of aggravated robbery, and acted on impulse. On a change of robbing Jan van Aritel of £2O at Wellington on April 4, Lewis was remanded in custody to appear at Wellington on December 1. A charge of aggravated robbery at Wellington on April 4 was withdrawn. DISMISSED Finding that police had failed to produce conclusive evidence, the Magistrate dismissed a charge of bookmaking against Roy Alfred Bycroft, aged 51. a grocery manager. Bycraft (Mr B. J. Drake) pleaded not guilty to bookmaking in a hotel on November 18. Detective Constable B. I. Murray gave evidence of seeing transactions between Bycroft and patrons in the bar on November 10. Similar evidence was given by Constable G. R. Fletcher, who said he went to the hotel on November 18. The Magistrate said he accepted Detective Murray’s evidence that a bet was made with Bycroft on November 10. From this evidence he was asked to accept that other transactions seen by police on November 18 were also bets. Although the inference was that Bycroft did make bets on November 18, suspicion was not conclusive evidence, the Magistrate said. RESERVED DECISION Suggesting another charge might be brought against Desmond Robert Deraine, the Magistrate, in a written decision, dismissed a charge of being intoxicated in charge of a car. Earlier Deraine pleaded not guilty to the charge, which police alleged arose from incidents in Hollyford avenue on November 4. TOOK. CAR FROM HOTEL Edward John Monck, aged W, a painter, and Edward Jack Phillips, aged 24. a seaman, pleaded guilty to charges of unlawfully taking a motor-car at Chriscthurch on November 25, and were remanded in custody to December 4. Sergeant B. D. Read said Vincent Andrew Grant was Walking on Port Hills road when a car passed within two feet of him at about 40 m.p.h. The ear swerved, struck the gutter twice, then stalled in the middle of the road. The police were called and found Phillips had been driving the car with Monck as his passenger. Phillips admitted taking the car from outside the Valley Inn at Heathcote. He Said he had to report to the police at Christchurch at 7 p.m., and did not want to be late. Sergeant Read said Phillips was reporting daily to the police pending deportation, s Monck, an Australian on a working holiday, had been drinking in the hotel with Phillips, and had agreed to go with him in the car. FOUGHT IN SQUARE “Those people who are going to fight must learn not to do so in Cathedral square,” the Magistrate said, when convicting Vincent Herbert Nickolls, aged 19, an apprentice car painter, of fighting on November 18. Nickoils was fined £3. Bruce George Johnson said that Nickolls objected to a remark he made while they were in a milk bar and grabbed the witness by the shirt A friend of Johnson's, Dennis Wallace, then went outside with Nickolls and started fighting on the footpath. The fight was stopped after about two minutes by Constable I. J McDonald. Nickolls said he was sft Un. "When Johnson patted me on the back and called me ‘Shorty’ I grabbed him by the sleeve and invited him round the corner, but he would not come.” “A Maori boy sitting on » stool then jumped on me, and w* wrestled out on to the. street/’ Nickolls said. "SUDIHSN IMPULSE” Walking toward acafe in £-,f ake “ Mr D. J. Hill. Gibbons appeared for sentenee on a charge ot unlawI fully taking a motorcar. He was ! fined £5O. and hi» driwihg licence was cancelled for said the offence was. not a bad one. Gibbons had been drinking, and he intended taking the car no further than the. cafe. “This ..is i| wevafent Offence —irtespeosßile people taking Other ijHtople’a cars,” the. Magistrate sai& He would be leriiesi, "but if you ccwne before this Codrt again, you wifl go to prison.” jINTSD £lO Richard William Tippett, 4« barman (Wr D. A. ' Omarn), leaded gultty to. a change of theft, of three bottles otz Whisiry and one bottle of cocktail valued at £B. and wag Sited £lO. An order for restitution was mxte. Sergeant Read said that on November 10 Tippett left the

Waipara Hotel with a quantity of liquor, and went to Motunau beach. When interviewed by the police Tippett at first denied taking the liquor. He later admitted having taken it, and said he had given away a bottle of whisky, and that another bottle had been consumed. When Tippett’s suitcase was searched at the hotel the third bottle of whisky and the bottle of cocktau were found. Mr Oldham said Tippett had been on sick leave after an operation. He had been drinking and had domestic worries. “It was the overindulgence in drink that was the final cause of the offence.” GAOLED After a near accident on the Picton-Blufl highway was reported, the police went to Omihi and found Edward Basil Thomas Finn in a state of advanced intoxication,' said Sergeant Read. Finn, aged 45, a rabbiter, who pleaded guilty to driving while under the influence Of drink or drugs on November 26, was gaoled for seven days. His driving licence was cancelled for three years. Sergeant Read said Finn had 61 convictions. ASSAULT Telling Raymond Farrell Sykes, aged 31, that assaults by drunken husbands could not be tolerated, the Magistrate fined him £7. Sykes (Mr S. H. Wood) pleaded guilty last week to a charge of assaulting his wife on November 22 and was appearing for sentence. Mr Wood said that although his client had pleaded guilty to the charge he had been surprised by the prosecutor’s summary which alleged there had been three separate assaults. Mr Wood said there had been “much marital violence in the family.” . “Part of the trouble is Sykes weighs eight stone and his wife 11,” Mr Wood said. “He saye his wife has twice knocked him unconscious and on another occasion she threw him through a glass door in their house. They have now entered into e separation agreement.” THEFT OF CLOTHING The accused and two other young men were living in a caravan in Lyttelton street and when he left he took a quantity of clothing, said Sergeant Read. Albert George Milford, aged 21, was remanded in custody to December 4 when he pleaded guilty to theft of clothing valued at £l7 0s 6d. Miilford had been asked to return the clothing but he had not done so, Sergeant Read said. A sports coat had been sold to a second-hand dealer for 17s 6d. Most of the missing property was recovered. Milford was on probation after his release from borstal on September 1. CHARGE DISMISSED A charge against William McKay Clements, aged 39, a steward, of driving while under the influence of drink or drugs in Oxford terrace on November 21 was dismissed. Clements denied the charge and was represented by Mr G. R. Lascelles. Dr. J. S. Wilson said he examined Clements who performed the tests very well. He considered him fit to drive a, car. Sergeant G. A. Agnew and Constable K. J. Holmes said that although it was a borderline case they did not consider Clements fit to drive. Senior-Sergeant A. P. Jesson said he spoke to dements at the Central Police Station, and considered him a “mild borderline case.” After submissions by Mr

LaoceUen the Magistrate dianriaeed the charge witbout, hearing any evidence for the defence. FIGHT IN ALLEY Vernon Lee Crichton, aged 17, unengrioyed, war fined £3 for fighting in a Castiei street aHeyway at about 8.45 P-m. on November 35. He pleaded guatty and was not represented by counsel. Sergeant Head said a constable was called and saw Crichton and John Alan Howard, aged 19, were exchanging blows. Both had been drinking. Howard, who was described by Sergeant Reed as a “seaman on an overseas warship now in Lyttelton,” was also fined £5 tor fighting; but the charge was later withdrawn when it was stated Howard’s strip had left Lyttelton and that the naval authorities would deal with him. DISORDERLY BEHAVIOUR On a charge of behaving in a disorderly manner in the Regent Cafe on Saturday, Trevor Keith Mailman, aged 19, a soldier, was fined £5. He pleaded guilty. REMANDED James Fenwick, aged 51, was remanded in custody to appear in tbe Magistrate’s Court at Wellington, on 12 charges of false pretences. John Newton, aged 37, a workman, was remanded on bail until December 4 on a charge of driving while under the influence of drink or drugs on November 11. Charged with driving under the influence of drink or drugs on the Main North road, on November 25, James Albert Fowlds, aged 34, a printer, was remanded on bail to December 4. , On a charge of driving while under the influence of drink or drugs in Beresford street on November 25. Ernest William Farrier, aged 64, a tailor, was remanded on bail to December 4. On a charge of carrying on the business of a bookmaker, at Christchurch on November 25, James Nelson Hindson, aged 29, was remanded on bail to December 4. (Before Mr E. S. J. Crutchley, S.M.) LICENCE CANCELLED For driving under the in. fluence of drink or drugs in Strickland street on October 19, Joan Cootes, aged 41, a cook, was fined £l5 and her driver’s licence was cancelled for three years. Cootes, who was represented by Mr R. G. Blunt, pleaded not guilty; but after some of the prosecution witnesses had been heard she changed her plea to guilty. Sergeant E. S. Tuck prosecuted. Traffic Officer E. J. MeJarrow said Cootes was very much under the influence of liquor and he considered her unfit to drive. She was arrested and was taken to the Central Police Station. Dr. C. P. S. Riddell said he examined Cootes at 6.20 p.m. She said she had four double brandies before 6 p.m. and she had taken two sleeping tablets at 10 a.m. The effects of these would last for about 10 hours. Cootes was in an advanced state of intoxication and was unfit to drive. To Mr Blunt Dr. Riddell said the brandy would tend to increase the effect of the tablets. At this stage Cootes altered her plea to guilty. The Magistrate said Cootes would be fined, instead of being sent to gaol, as there was no evidence of bad driving. It was possible the effects of the liquor had been increased by the drugs she had taken. But four brandies were not the best preparation for driving. .