Magistrate’s Court Three Men Sent To Gaol For Ashburton Burglary

Press, Volume CI, Issue 29744, 10 February 1962, Page 16

Magistrate’s Court Three Men Sent To Gaol For Ashburton Burglary

Three years’ imprisonment was imposed on Kenny Karena Kaipo, aged 26. when he appeared for sentence before Mr A. P. Blair, SJ4, in the Magistrate’s Court yesterday on three charges of burglary at Ashburton on January 17. The three premises entered were the Somerset Hotel, where a safe containing £343 14s lid was taken. Taylor’s Cleaners and Dyers, Ltd., where clothing was taken, and R. G Woodham and Company. Ltd., where a set of spanners was taken. On a charge of possessing an instrument of burglary on January 25, Kaipo was sentenced to a concurrent period of imprisonment for six months.

Charged jointly with Kaipo on the burglary charges. Christinus Marinus Vermeulen, aged 28, was sentenced to one year's imprisonment.

On one charge of burglary committed with Kaipo and Vermeulen, John Rangihuna. aged 28, was sentenced to 18 months’ imprisonment. Kaipo, who was not represented, was told by the Magistrate that he had a bad list and he was before the Court charged with serious crimes that had obviously been planned. For Rangihuna, Mr S. H.. Wood said he had assumed responsibility for his brother's family when his brother died. Mr Wood said his employer spoke very highly of him, and he was one of the best men he had employed. The offence was the result of a long drinking bout, said Mr Wood.

The Magistrate told Rangihuna it was to his credit he was a good worker, and. with qualifications, a good husband and father. Mr B. J. Drake said Vermeulen’s wife had left him and gone to Australia and divorce proceedings were under way. The offence occurred at the end of a day’s drinking, and was the first time the accused had been charged with anything involving dishonesty. LIQUOR CHARGES

Three officials of the Canterbury Darts Association were fined £2 on each of several charges of illegally selling liquor and were ordered to pay costs on charges of establishing a lottery. Graham Nelson Dacombe, the secretary of the association, pleaded guilty to three charges of illegally selling liquor; John Chisholm Sinclair Heaney, the association's chairman, pleaded guilty to three charges of establishing a lottery and four charges of illegally selling liquor; and Gordon Neville Lewis, the association’s president, pleaded guilty to a similar number of charges. All defendants were represented by Mr G. S. Brockett Sergeant V. F. Townshend said a police raid on the association's premises at 24 Lismore street had revealed about 72 persons present, many of whom were consuming liquor bought at a bar on the premises. It was found that the association met at the premises on Monday nights during the winter between 8 pm. and 10 pm. when liquor was available from the bar. Raffles of cakes were held during the evenings, the proceeds from this and the sale of liquor going to the association. It was found that between July 13 and October 9, 1961 the association had purchased 400 j gallons of beer. The association had not been charged as such as it was not an incorporated body. The Magistrate made an order for the confiscation of about 36 gallons of liquor which had been seized by the police. THEFT CHARGES

On charges of theft to which they pleaded guilty, Desmond James Duggan, aged 17 (Mr R. G. Blunt). Godfrey King, aged 19 (Mr B. J. Drake), Kevin Alphonsus O’Conner, aged 20 (Mr D. J. Hill) and Hugh John Kavanagh (Mr R. J. de Goldi) were remanded on bail to February 16 for a probation officer’s report and sentence. They were ordered to report daily to the police Sergeant E. S. Tuck said on September 9, 1961 Duggan, O'Conner and Kavanagh had entered a Waimain County Council yard and stolen tools, grease and petrol valued at £9 14s 6d. Restitution of £1 6s was asked for.

On October 6 Kavanagh and O'Conner had entered a car sales yard and stolen tools and articles valued at £l3 10s. Restitution of £l3 10s was asked. On December 3 Duggan, King, O’Conner and Kavanagh had interfered with a car and stolen from it seat squabs and tools valued at £23 19s 6d. Restitution of £7 was asked. IDLE AND DISORDERLY

On a charge of being idle and disorderly to which she pleaded guilty. Margaret Lynette Burr, aged 22 (Mr W. F. Brown) was remandeo in custody to February 16 for a probation officer’s report and sentence.

Burr also pleaded guilty to a charge of breach of probation. on which she was also remanded. ASSAULT CHARGE

Peter Ross, a seaman, was fined £l2 in default 14 days’ imprisonment when he appeared on a charge of assault He pleaded guilty.

THEFT OF £5 On a charge of stealing £5 from Quill Morris, "Ltd., Ravmond Anderson, aged 25 (Mr A. K Archer) was fined £l5 and ordered to make restitution of £5. CONVICTED AND DISCHARGED Henry Gordon, aged 32 (Mr R. G. Blunt) was convicted and discharged on a

charge of theft of £2O 17s 6d. Gordon had been in prison for two months. Mr Blunt said. It appeared that drink had played a considerable part in the offence.

He had taken note of the fact that Gordon had been in prison for some time, said the Magistrate. He warned Gordon that if he appeared in court again he would be liable for preventive detention. RECEIVING On a charge of receiving two cases of crayfish tails valued at £9O at Akaroa on January 12 Waru Hokianga. a fisherman, aged 31 (Mr S. H. Wood) pleaded guilty and was remanded on bail to February 16 for a probation officer's report and sentence. Sergeant Tuck said Hokianga had refused to divulge the name of the men from whom he had received the crayfish tails, and restitution of £9O was asked for. BURGLARY, ASSAULT

Edward James McDonald Ron was remanded to February 16 for a probation officer’s report and sentence when he pleaded guilty to a charge of burglary and a charge of aggravated assault. Sergeant Tuck said Ron had entered the office of R. Buchanan and Sons, Ltd., on February 1, and when surprised by the managing director of the firm who had returned to do some work, attacked him.

The police, however, had been telephoned and Ron was apprehended. INDECENT LANGUAGE On a charge of using indecent language in a public place, John Henry Restall Coffey pleaded guilty and was sentenced to 14 days’ imprisonment. Coffey had 26 previous convictions, Sergeant V. F. Townshend told the court. PROBATION Malcolm Donald Parker, aged 23 (Mr A. Hearn) appearing for sentence on a charge of theft to the value of £8 17s 6d, was admitted to probation for 18 months. He was ordered to pay £lO towards the cost of the prosecution. UNDER AGE

On a charge of supplying liquor to a minor, George William Climo, aged 52, was fined £5. Kenneth Charles Climo, aged 18, was ordered to pay costs on each of two charges of being found on licensed premises when under age. IDLE AND DISORDERLY

On a charge of being idle and disorderly, Beverley Enid Nelson, aged 19, pleaded guilty and was remanded on bail to February 16 for a probation officer’s report and sentence. DISPLAYED PLACARD

George Burton, a tobacconist (Mr G. S. Brockett) was fined £1 on a charge of exhibiting a placard inviting persons to participate in a lottery. He pleaded not guilty. Sergeant A. W. Ball said that because of a complaint he had gone to Burton’s stoop where there was a placard in the window saying “We post to Melbourne.” He told Burton that it was an offence to display the placard in the window but Burton refused to remove it.

Mr Brockett said the charge was laid under section 63 (c) of the Gaming Act, 1908. which stated it was on offence to place a placard or any form of advertisement inviting persons to take part in a lottery. The placard with the words complained of on it was not an invitation to the public he submitted, but was only a statement of fact. Sergeant G. M. Cleary said the charge had been laid as a result of complaints from other hairdressers. “Whet is the act aimed at?” asked the Magistrate. “It seems very artificial to me.”

The Magistrate said in his view any person seeing the placard would realise he was being invited to share in a tottery, and he thought he was bound to hold that an offence had been committed. “In my view, however, it is a trivial and technical offence.” FINED £25 A woman, aged 40, whose name was suppressed, was fined £lO when convicted on a charge of stealing a pair of shoes valued at £1 19s lid on January 5, and convicted and fined £l5 on a charge of stealing a petticoat valued at £1 4s on January 12. The thefts were from a Riccarton shop. The woman pleaded guilty to each charge. Mr R. G. Blunt said the woman was expecting her eighth child. He called a doctor who said that during pregnancy some women were liable to behave in an unusual and inexplicable manner. Mr Blunt said the defendant was of excellent character and the offences were quite unplanned. REMANDED TO SUNNYSIDE William Charles Neville Bennett, aged 33 (Mr B. J. Drake) was remanded until March 9 to Sunnyside Hospital for observation under provisions of the Mental Health Act Bennett appeared on one charge of burglarly on January 11 and three charges of theft. HARBOURED ESCAPED GIRLS Neil Frederick Baker, aged 20, and Bruce George Cameron Johnson, aged 17, were remanded on bail until February 17 for a probation officer’s report and sentence after each had pleaded guilty to charges of harbouring, between January 22 and January 30, two girls who had escaped from the Burwood Girls’ Training Centre.

Baker also pleaded guilty to a charge of stealing a bicycle on January 23 and Johnson pleaded guilty to a

charge of receiving the same bicycle. Sergeant E. S. Tuck said Baker, who had recently been released from prison, and Johnson, who had not worked for some time, took the girls into their fiat and let them live there for several days. BURGLARLY CHARGE

Charged with burglarly on February 1, Peter James Reynolds, aged 18, was placed on probation for one year, ordered to make restitution of £l6 19s sd, ordered to pay £lO towards cost of the prosecution and to return the property stolen. HIGH-SPEED CHASE A traffic officer described seeing a stolen sports car turn a corner, leave the road, smash into a signpost, and go on to lead an 85 miles an hour chase. The driver, James Garrick Thurlow, aged 28, a painter, pleaded guilty to converting the car, valued at £950, failing to keep left driving while disqualified, driving in a dangerous manner, exceeding 55 miles an hour, and breach of probation. He was remanded in custody to February 16 for a probation officer's report and sentence.

Traffic Officer L. B. Bolton said he was parked on the roadside at 4.30 p.m. on February 2 when he saw the car turn what was known as Aylesbury corner. During a mile and a half chase when his patrol car reached speeds of up to 85 miles an hour, the sports car weaved along the road from side to side, Mr Bolton said. He estimated Thurlow's speed at about 65 miles an hour.

Sergeant Tuck said Thurlow went to the Sydenham Park Car Sales, Ltd., in Colombo street on February 2 and showed interest in the car.

A salesman told Thurlow he could drive the car around the block. Thurlow took the car and did not return. £2O FINE

A fine of £2O was imposed on Peter Raymond Pimm who admitted wilfully damaging glass louvres in a public lavatory in Ferry road on November 10. He was ordered to make restitution of £3 10s.

„ FAILED TO PAY FARE For failing to pay a taxi fare on October 31, Ezra Noel Kemp, a freezing worker, was fined £3 and ordered to make restitution of 12s. Kemp did not appear. STOLE BICYCLE

A fine of £25 was imposed on Gordon William McKenzie, aged 21, who pleaded guilty to theft of a bicycle valued at £8 on January 28. REMANDED Raymond John McVicker was remanded on bail to February 19 on a charge of driving under the influence of drink or drugs on February 8. William Alfred Stevenson was remanded to February 16 on bail on a charge of assault. He was ordered to report daily to the police. Boyd Peka, aged 24 (Mr R. G. Blunt) was remanded on bail to February 16 on a charge of assault. David Anthony Petterson, aged 18, who appeared with Peka, was also remanded to the same date on bail on a charge of assault.

Maurice Clyde Bishop, aged 18, was remanded to February 16 on bail on a charge of unlawful carnal knowledge. Facing a joint charge of breaking and entering the shop of McFadden Bros., on the Main North road on January 20, Norman Leslie Aymes. aged 20, and William Richard Calder, aged 24, were remanded in custody to February 16.

Charged with assaulting his wife on February 8, Carel Adriaan Van-Rees was remanded on bail to February 16.

(Before Mr E. A. Lee, SM.) DECISION RESERVED

The Magistrate reserved his decision on charges against Kenneth Reuben Browne (Mr M. G. L. Loughnan) of keeping premises for the consumption of liquor, and unlawfully dealing in liquor at the Druids' hall, Portland street, on August 3 Detective Constable D. C. Stapleton said in evidence that he had visited the hall on two occasions. There were about 30 persons present the first time and about 65 the second. Their ages ranged from 16 to 60, he said Detective Constable Stapleton said he saw a bar set up on both occasions. There were kegs of beer and bottles of sherry. A barman was on duty but he saw no money change hands. Browne appeared to be in charge of proceedings, and the bar was opened and closed on his instructions.

"Gambling was conducted at tables and horses were moved in accordance with dices thrown. Money was placed on the horses and the primary object of the gatherin? was to gamb’e.” he said Sergeant J W Sawyers said he executed a search warrant under the Licensing Act at the Druids’ hall on August 3. He found a number of patrons well under the influence of liquor, he said

Corroborative evidence was given by Constable L. McD. Simmonds and Detective Sergeant A W R Ball. Mr Loughnan submitted that the definitions of “dealing” implied some exchange of cash or kind, but nothing ‘hat would allow a gift of liquor to be considered “dealing.” He said it was apparent from the evidence that the primary object of the gathering was not drinking but gambling. In his submissions. Sergeant V. F. Townshend said the liquor provided was used

as an inducement to make the patrons gamble, lose their good reason, and spend more freely. He said it was all part of the business transaction. ASSAULT CAUSING INJURY

Wilfred Warren Robin Nightingale, aged 34, a linesman (Mr B. J. Drake), was convicted and fined £l5 on a charge of assaulting William Gilbert Tullock and causing him bodily harm on December 19. He pleaded not guilty to the charge. In entering the conviction, the Magistrate said the defendant was angry, had a grievance, and had made threats against Tullock. “I find Nightingale struck Tullock without the provocation he alleges. There is no justification at all for what he did.” the Magistrate said FORGERY

A youth, whose name was suppressed, was ordered to make restitution of £l3 6s 3d when he appeared for sentence on a charge of forgery on August 11. He had previously pleaded guilty to the charge. “You have more than adequately been punished, your career is ruined, and you are under a heavy monetary penalty.” the Magistrate said. WILFUL DAMAGE On a charge of wilfully damaging a window valued at £1 16s on December 9. the property of Terence Ronayne O’Connor, William Walter O'Connell was convicted and ordered to pay £1 10s restitution. He pleaded not guilty to the charge. CHARGE DISMISSED

A charge of obscene exposure against William Walker, aged 40, a bricklayer (Mr B. J. Drake), was dismissed.

The Magistrate said he was satisfied as to the truth of the complainant’s story, but as a rule it was dangerous to convict on the uncorroborated evidence of a child. He said be felt bound by this rule. (Before Mr N. M. Izard, SM) DECISION RESERVED

In a claim by P. and W Henderson, Ltd. (Mr B. G Dingwall), for £453 10s from A. E. F. Electrical, Ltd. (Mr A. Hearn), the Magistrate reserved his decision.