Magistrate’s Court DISQUALIFIED DRIVER GAOLED FOR SIX WEEKS

Press, Volume CI, Issue 29797, 13 April 1962, Page 14

Magistrate’s Court DISQUALIFIED DRIVER GAOLED FOR SIX WEEKS

“You have committed almost every major motoring offence that is possible With a car,” said Mr E. A. Lee. S.M., in the Magistrate’s Court yesterday when he sentenced Anthony Earl Thomas, aged 22, to six weeks’ imprisonment on a charge of driving while disqualified on March 1.

Thomas, who was represented by Mr G. R. Lascelles, pleaded guilty. The period of the cancellation of his licence was extended by two years.

Sergeant V. F. Townshend said that at 10.30 p.m. on March 1 the Papanui police, who had received information that a truck was being driven in the area by a disqualified driver, stopped the accused after they saw him driving in Dunedin street.

Thomas admitted that he was a disqualified driver, having been disqualified for five years in May, 1961, said Sergeant Townshend. The accused told the police he

had been in debt and had obtained employment as a truck driver. He had been doing this work for the previous two months. The accused had been disqualified from driving on three occasions. “He seems to treat the matter of disqualification lightly,” Sergeant Townshend said. Mr Lascelles said that his client was getting married very soon and might settle down. He asked that a monetary penalty be imposed. “You have been given warnings. There is no excuse for your conduct,” said the Magistrate. He told Thomas he had defied a court order and that he had been disqualified after his driving had caused a person's death. .REMANDED On a charge of having sexual intercourse with a girl under the age of 16, Malcolm John Morgan, aged 19, was remanded until April 19. On a similar charge Barry Alexander Amalfitamo, aged 20, was remanded to the same date. The offences are alleged to have occurred between March 1 and March 31. Both accused were granted bail. A youth who was granted suppression of name was remanded on ball until April 19 on three charges of unlawfully taking a vehicle, valued at £lOOO, on April 6, April 9, and April 10. MONTH’S GAOL James Gregory Lagan, aged 18, a presser, who is at present in prison for non-payment of tines, was sentenced to one month's imprisonment. to be served at the end of his present term, when he pleaded guilty to a charge of driving while disqualified on March 3. Sergeant B. D. Read said that a constable on duty in Cathedral square at 8.5 p.m. on March 3 spoke to the accused, who was riding a power-cycle. The accused admitted that he was a disqualified driver, and said he had been lent the powercycle by his father, who knew the accused was disqualified from riding the vehicle, said Sergeant Read. When the father was interviewed he said he gave his son the power-cycle on the understanding he only pedalled it. The accused's driving licence was cancelled for three years in the Temuka Magistrate’s Court on December 15, when he was convicted of driving while under the influence Of drink or drugs, said Sergeant Read. "It would be idle to fine you when you have not paid your fines in the past," said the Magistrate when imposing the gaol term. He also ordered that the period of cancellation be extended a year. LICENCE CANCELLED.

FINED £25 On a charge of failing to ascertain if any person was injured after an accident in Ensors road on February 24, Ernest Frank Richards, aged 38, a workman, was convicted and fined £l5. On a further charge of driving without due care and attention on the same date Richards was fined £lO. For failing to stop after an accident he was ordered to pay costs. The Magistrate ordered that the defendant's licence be cancelled tor six months on each charge. Richards pleaded guilty byletter to the three charges. OTHER TRAFFIC CHARGES

On other traffic charges brought by the police, convictions were entered and fines imposed as follows: Driving without due care and attention: Leonard Edgar Goold, £l2 and driver's licence cancelled for three months; StanleyHall, £10; Leicester Robert Hampton, £6; John Hanson, £6; Peter Stephen Norris. £5; Henry Hendricus Hubertus Pelders, £6; Arthur Murray Ellis, £7; Vernon Gordon Scott, £lO and driver's licence cancelled for six months (no warant of fitness, £5); lan David Bagrie, £6; John Henry HHlsdon. costs only; Roy Norman. Milner, £6.

Failing to give way to the right: Jeanette Rita Manson. £3 -no driver’s licence, £2l; Albert Bruce Duncan, £5; Winifred Marie Therese Kirkham. £3: Geradus Andreas Tuclkins, £5; Bruce Douglas Russell, £5: Michael John Sim, £6.

Failing to notifiy disposal of motor-vehicle: William Ernest Hardman, £2. Failing to give way at pedestrian crossing: Michael Green, £5. No warrant of fitness: Barry Stephen Tapp, 10s. Failing to report damage: John Emerson Irvine. £7 OBSTRUCTED TRAFFIC OFFICER Charged with obstructing a traffic officer on December 26 and failing to deliver his keys on the same date. Clifford Bogan Lomax, aged 40 (Mr L H Moore)., was convicted and fined £5 on each charge. Lomax pleaded not guilty to both charges. Traffic Officer J D. Huston said he was on point duty just north of the Waimakariri bridge when the defendant drove past. The defendant had a glazed look on his face, so he gave chase and slopped him.

The defendant’s face was flushed, his speech was slurred, he was unsteady on his feet and there was a smell of liquor on his breath, said the witness. When he was asked for his keys he refused to hand them over, and prevented the witness from taking them out of the ignition switch The witness said it was not a bad case of intoxication but he thought the defendant should be “stood down" for a couple of hours.

In evidence the defendant said he did not think the officer had any right to take his keys, and he was concerned about getting home. DANGEROUS DRIVING

John James Cowen, aged 27 was convicted and fined £l5 and his driver’s licence cancelled for one year on a charge of driving in a dangerous manner on December 21 On a charge of having a*

driver's licence on the same date, Cowan was fined £2. Cowan pleaded guilty to both charges. CHARGE DISMISSED A charge against John Baird Hughes of failing to yield right, of way to a pedestrian on a crossing on December 18 was dismissed. Hughes pleaded not guilty, and was represented by Mr R. L. Kerr.

Traffic Officer J. D. Huston said a pedestrian stepped on to the crossing in Riccarton road opposite the Post Office The pedestrian was crossing from the south side, and was two bars out when the defendant drove through. In evidence, the defendant said.. there were cars parked near the crossing. He saw the pedestrian stop and look to the right and wait for him to pass The Magistrate said it was not correct to say that when a pedestrian stepped on to a crossing that the whole of that side of the road was debarred to motorists. When there were Parked vehicles the outside of that line must be considered the kerb.

He said he was not making a ruling, but as there was a conflict of evidence in the particular case he must give the defendant the benefit of the doubt.

OTHER TRAFFIC CASES . , oth^ r trafflc Cases brought by Hie Transport Department, convictions were entered and fines imposed as follows: Exceeding 30 miles an hourLyall Dixon. £5; Charles Maurice Butcher. £3; Winston John Smalley. £7; Robin Moffat. £1 10s; Walter George Downing £□; Raymond Edward Adams. £5; Neil Bruce Woodgate, £5 (failing to keep to the left £7 10s. and driver's licence cancelled for three months; no warrant of fitness. £l>; Tom Lanktree Withers. £5; Bill Basil Hewitt, £6; lan Leslie Fletcher £5 10s; David Reginald Flanagan. £5; Martin Brinker, £4; Alan Bruce Abernethy. £3; John Kennedy Torrens. £4: Robert Henry Sutherland, £i! (failing to carry driver's licence. £1; no warrant of fitness £1); Leslie Joseph Sparks, £2. Denderah Reid. £3; David John Redpath. £4; Elizabeth Evelyn Dyke Davey, £3; Gordon Balfour Napier. £3 mo safety helmet. £2; Terence Whiro Hemi, £3; Allan Joseph Hardman, £5 (failing to carry driver's licence, £1); Robert Hastie Coburn, £2; Bernard Edward Collier, £4; Sydney Alfred Clark, £2: Harold Archer, £3; Allan Jones Alderson, £5 (not wearing safety helmet, £2). Failing to stop at sign: Adrianus Mariuus Wilhelmus Pijnewburg, £2 (failing to carrydriver’s licence, costs only); William Alfred Goodman. £3; Minh Bui Vau, costs only; Khana Tuoc Trinh, costs only; Chu Khac Toan, costs only (failing to carry driver's licence, costs only); 'Ngnven Vau Bay, costs only.

Exceeding statutory axle weight: Waimak Sawmills, £lO (exceeding axle weight on classified road, £5; exceeding heavy traffic licence. £5). Exceeding axle weight on classified road: W. J. Baker. Ltd., £6; Wairakei Sawmills. Ltd., £3, Falling to carry current heavy traffic licence: O'Donovan and O'Sullivan, Ltd.. £3 (no certificate of fitness. £3).

Failing to stop at lights: James Wakeham Walton, £5; James Henry Smythe, £5. Excessive rear overhang of load: Blogg Bros., Ltd., £3 (excessive width. £3).

Allowing another person to use driver’s licence: Raymond James Cairns, £2 10s. No warrant of fitness: Barry Alexander Hooper. £1 (failing to carry driver's licence, £1).

Driving without due care and attention: Patrick Riley. £5 (no driver's licence. £5).

Permitting use of unlicensed motor-vehicle: Terrence Wayne Turner, £1 10s; Keith Arthur Burgess.. £1 10s. No driver’s licence: Brian Edward Riley. £5 (no rear number plate. £1): George Bromley. £3, Breach of farmer’s truck heavy traffic licence: Gilbert Hutton. £5 (no registration plate, £2).

Carrying pillion passenger while restricted: Willima Barry Laing. £3 (no warrant of fitness. 10s).

Failing to keep to left: Graeme Arthur Joyce. £3. REMANDED

Frederick William Roy Duff, aged 19. was remanded on bail until April 19 for sentence on a charge of driving while disqualified in Straven road on January 19. Duff pleaded guilty. (Before Mr A. P, Blair, S.M.) ASSAULT

Carel Adriaan Van Rees, aged 29. a welder, was convicted on a charge of assault on April 11 and ordered to come up for sentence within six months if called upon. He pleaded not guilty, and conducted his own defence. The name of the complainant and another witness were suppressed. FINED £5 George William Climo was fined £5 on a charge of failing to ascertain if the way was clear before proceeding from a compulsory stop. He pleaded not guilty and conducted his own defence. The charge arose out of a collision between a car driven bv Climo and one driven by ’ Mervyn Graham Laby at the corner of Wairakei and Aorangi roads about 2 p.m. on March 4

There was a double dutv on Climo at this intersection,’ the Magistrate said. He had a .dutv imposed by the compulsory stop not to proceed until the way was clear, and to give way to the right.