Magistrate’s Court Driving When Disqualified "Far Too Prevalent"

Press, Volume CI, Issue 29798, 14 April 1962, Page 15

Magistrate’s Court Driving When Disqualified "Far Too Prevalent"

“The offence of driving while disqualified is becoming far too prevalent.” said Mr E. A. Lee. S.M., in the Magistrate's Court yesterday when sentencing John Adrian Clarke, aged 21, a fireman cleaner, to one month’s imprisonment. Clarke’s, period of disqualification of 18 month was extended for a year. Clarke had pleaded guilty to the charge of driving on December 21, while disqualified. After hearing the sentence imposed by the Magistrate. Clarke asked whether the Court would hear his submissions on the sentence. “If I go to gaol I will lose my job. I am quite prepared to spend a year on probation.’’ said Clarke. The Magistrate: No you won’t. You will go to gaol. “The offence was committed a month after your licence had been cancelled. You have had a previous conviction for driving while disqualified.” said the Magistrate. Chief Traffic Officer J. Brown, who prosecuted, said that Clarke was involved in an accident on December 21. It was found that. Clarke’s driving licence had been cancelled on November 11. 1961. only a month before the accident. In explanation. Clarke told the Court that he had taken a friend into town so that his friend would not be late for his job. “I thought it was better that I should face a fine rather than have my friend lose his job,” he said. 29 CHARGES Twenty-nine charges relating to the affairs of Seat'ox Marine Ltd. and the Fidelity Guarantee Corporation, Ltd.—two companies in liquidation—were preferred against Oswald Oliver Wahrlich. aged 43. a salesman 'Mr R. G. Blunt). Wahrlich elected trial by jury on all charges. He was remanded on kaj* of with a surety of £ooo, to April 26 for the taking of depositions. The charges include one of fraudulent conversion of a cheque of £lOOO. one of obtaining £5OO by false pretences, seven of aiding in, a false pretence. 10 of concurring in the making of a false entry in a book of a company, and 10 of theft. The 10 charges of concurring in the making of a false entry in a company’s book relate to alleged declarations that sums amounting to £4730 had been paid to Linden Motors by the Guarantee Corporation. The 10 charges of theft, alleged to have been committed between March 31, 1960, and December 6. 1960, involve money amounting to £l3OO and cheques amounting to £3430. The seven charges of aiding in a false pretence allege that the accused issued a brochure saying that the 10 per cent, preference shares in Seafox Marine, Ltd., were underwritten by the Fidelity Guarantee Corporation, which in turn was guaranteed by a fidelity bond issued by the General Fire. Accident, and Life Assurancy Corporation, Ltd.. The amount involved is shown as £4lOO. FOUR YEARS’ GAOL “There is no doubt you are a pervert of the lowest order—you are the type of offender for which preventive detention was designed, to keep you away from the community,” the Magistrate said to John Stuart Weir Pegg, aged 47. a footwear clicker, when he appeared for sentence on four charges of indecent assault on boys. Pegg, who had pleaded guilty to the charges, was sentenced to two years’ imprisonment on each charge. Two of the twoyear sentences are to be cumulative and the other two concurrent. The Magistrate said that it Pegg offended again he would face preventive detention. He had not been sent to the Supreme Court for sentence because there was evidence that this was his first offence for 10 years. Mr J. G. Leggat. who appeared for Pegg, said that except for his weakness. Pegg was a worth-while citizen. His employers spoke highly of him and he had been industrious and saved a considerable sum of money. FINED £l5 Domestic worries culminating in a drinking spree had caused George James Broad ley to fail to account to his principal for £l9 Ils 6d. said Broadley’s counsel (Mr R. Stacey). Pleading guilty. Broad ley was fined £l5 and placed on probation for 18 months. Senior-Sergeant G. M. Cleary said that Broadley acted as a part-time taxi-driver for Maurice Gordon Fahey. On February 26 he failed to give the night’s takings to Fahey. After drinking heavily in Christchurch he went to Wellington, and was arrested there. MAN WARNED “It is not often a person gets

probation twice. If you offend again you will go to prison.” said the Magistrate when placing Ronald Alfred Caldwell, aged 22 (Mr G. R. Blunt? on probation. Caldwell appeared for sentence on charges of theft of 7s 8c and unlawfully getting into a car. Caldwell pleaded guilty to the; charges the previous week. The Magistrate ordered that Caldwell report regularly to the probation officer during the two- i year probation period . POSTMAN BITTEN Elsie Julia Baker was fined £5 for keeping a dog which attacked a person on March 6. David Charles Palmer. a postman, gave evidence that when he was cycling along Hoon Hay road the dog attacked him and ripped his trousers. NAME SUPPRESSED A man whose name was suppressed was discharged under Section 42 of the Criminal Justice Act on a charge of assault on a child. LICENSING OFFENCES On charges of being found on licensed premises alter hours the following were fined £3: William Robert Astle, Keith Albert Churcher, Leonard John Craib, Ellen Findlay. Henry Frost, Kenyon John Hollows, and Nancy Louise Whitla. Paul Edgar Brady was fined £5, and Lan James Hollows was fined £4. ASSAULTED POLICE On charges of assaulting a constable in the execution of his duty, disorderly behaviour, and using obscene language in Willryan avenue on April 12, Peter Joseph McKenzie Phelan, aged 26, was convicted and remanded on bail to April 19 for sentence. He pleaded guilty to the three charges. Senior-Sergeant Cleary said that a complaint was received at the North Brighton Police. Station that a strange man was trying to get into a house in Willryan avenue. Constable R. R. Pawsey went to the address and found Phelan sitting on top of a fence, waving his arms about and singing. He first gave his name to the constable as Maurice Holmes, then as George Noble. When persuaded to get from the fence Phelan struck Constable Pawsey above the eye. “I had been drinking whisky and I just wasn't used to it,” Phelan said in explanation. HOUSEBREAKING On three charges of breaking and entering flats at Christchurch in February and March with* intent to commit a crime, and on .a charge of theft from a dwelling of a radio valued at £35, Peter Terei. aged 22, a railway employee, was convited and remanded in custody to April 19 for sentence. RADIO STOLEN On a charge of theft of a transistor radio on April 2. Reginald Noel Ronald Kennedy, aged 17, a farmhand (Mr L. H. Moore), was placed on probation for two years. An order was made for return of the property. Senior-Sergeant Cleary said that Kennedy went into a second-hand shop with a companion. While the proprietor was engaged in conversation the radio was stolen. “If it were not for the fact that your employer is prepared to help you and is interested in you, you would certainly go to Borstal today,” the Magistrate said to Kennedy. “You are being released on probation against my better judgment." THEFT OF HAY Charged with the theft of a bale of hav valued at 8s on March 16. Henry Lester Clarkson, aged 47, a market gardener (Mr D. H. Stringer), pleaded guilty and was convicted and fined £5. Mr Stringer said that Clarkson saw a wet bale in a paddock and thought it would become useless if left there. He realised now what a stupid thing he had done. 14 DAYS’ GAOL Fourteen days’ imprisonment was imposed on Barry Vincent Gardiner, aged 21, a workman, on a charge of assaulting David Paul McGillivray on March 17 The sentence is to be served at the end of a term of imprisonment at present being served by Gardiner. “If I hadn’t taken so much drink I don’t think I would have done it," Gardiner said He pleaded guilty. IDLE AND DISORDERLY »A charge of being idle and disorderly on April 6. against Allan Edward Faass, was adjourned to June 15 when he appeared for sentence on the charge. He had previously pleaded guilty. “You are trembling on the brink of Borstal and have now used up all your chances. Either you go to work, stick at it and keep off the streets or you goto Borstal,” the Magistrate said “So that I can keep my promise to you the case will be adjourned for two months. I shall instruct the probation officer to bring you back again if necessary so that you can be sentenced on the original charge." he said. GAOL FOR THEFT Three months’ imprisonment was imposed on Henry Pene when he appeared for sentence on a charge of theft of a razor valued at £8 in November and theft of a wallet valued at 5s in January. He had previously pleaded guilty to the charges.

FORGERY ADMITTED A youth, whose name was suppressed, was remanded on bail to April 19 for sentence on a charge of forging a cheque for £lO. He pleaded guilty. TWO YEARS’ PROBATION lan Lewis Blatch, aged 18. a farm worker, of Oxford, was convicted and released on probation for two years on a charge of assaulting a female at Oxford on March 21. He pleaded guilty. A special condition of the probation is that Blatch- remains indoors at his home at night unless accompanied by an adultUNLAWFUL CONVERSION On a charge of unlawfully taking a car at Burnham on February 27. Te Aroha Mahheni. aged 20. a soldier, was convicted and fined £lO. On a charge of using a car without due care and attention on the same date he was convicted and fined £5. He pleaded guilty to both charges. Senior-Sergeant Cleary said that the defendant had on ether occasions had authority to borrow the car. On this occasion he took it without permission, and struck a parking meter and a power pole in Manchester street while driving. DRINKING BY MINOR Claude James Arnold, aged 17. was fined £5 and his driving licence was suspended for three months on a charge of drinking liquor in a public place on March 3. On a charge of having no warrant of fitness he was fined £2. Graham Paul Forbes, aged 20. was fined £5 on a charge of drinking liquor in a public place on March 3. LICENSEE FINED On a charge of selling liquor after hours on March 6 Gordon Charles Rew was convicted and fined £l2. He pleaded guilty. Charges of opening a hotel and exnosing liquor for sale were withdrawn by leave of the "Court, DOG OWNER FINED On a charge of owning a dog which attacked a person in a public place on January 20. Andrew Blair Rawson was convicted and fined £4. A charge of owning a dog that rushed at a person in a public place was dismissed. REMANDED Howard Desmond Hanson and Lawrence William Ayres were remanded on bail to May 4 on charges of burglary. Raymond Anderson was remanded on bail’to April 19 on a charge of assault at Christchurch on April 13. He pleaded not guilty.Electing trial by jury. David John McCormick was remanded to May 1 on a charge of burglary on December 28. Bail was refused after Senior-Ser-geant Cleary said that McCormick already had absconded once. Electing trial by jury on a charge of theft of £lOO from Scrimegour Motors, Ltd., Reginald James O’Donnell was remanded to April 29. William Henry Cannard was remanded to April 19- on a charge of theft of £37 9s 6d from Lane, Walker, Rudkin, Ltd., between February 6 and March 1 while a servant of the company. (Before Mr A. P. Blair, S.M.) DISCHARGED James Hinds Williams was discharged under Section 42 of the Criminal Justice Act on a charge of assaulting one of his brothers. He was ordered to pay £2O for replacement of his brother’s dentures, £lO costs, and £4 witnesses' expenses. Williams, aged 22, a cleaner <Mr P. G. S. Penlington), denied the charge, saying the blow was struck in self-defence. Edward Arthur Williams said that his brother punched him on the mouth, smashing upper and lower dentures, and breaking his jaw, during an argument outside a telephone box at the corner of Linwood avenue and Worcester street at 9 p.m. on January 17. The accused described his brother as just a street fighter, but capable of knocking a boxer over if he got the first blow in. “I never had time to think." he said “He came straight at me, so I threw a punch." The Magistrate said he found it difficult to believe that the accused could be disturbed by a threat from his brother: likewise that the brother would seriously threaten him. “The accused is a very good welter-weight boxer, and his brother is a feather-weight. The accused could have put an end to it by walking away.” the Magistrate said. Finding that an assault had taken place, the Magistrate said he would take into account that 3 conviction would jeopardise Williams’s professional boxing licence He also considered the assault provoked and impulsive TWO MONTHS’ GAOL Two months' gaol was imposed on Herbert Scobie Gilmour. aged 56, who appeared for sentence on charges of being drunk in a public place, wilful damage, and being idle and disorderly. He was sentenced on the charge of wilful damage, and convicted and discharged on the other two charges. ATTEMPTED INDECENT ASSAULT On a charge of attempted indecent assault on an U-year-old girl on March 4, a 'man, whose name was suppressed, was remanded until May 11 to Sunnyside Mental Hospital under Section 37 of the Mental Health Act. He pleaded guilty.