Magistrate’s Court Man Gaoled For 18 Months On Three Charges Of Burglary

Press, Volume CI, Issue 29803, 21 April 1962, Page 17

Magistrate’s Court Man Gaoled For 18 Months On Three Charges Of Burglary

“You face four serious charges which unfortunately are very common today. Previously you have been convicted on charges involving dishonesty and you were shown leniency which has had no effect.” said Mr E. A. Lee. S-M„ in the Magistrate's Court on Thursday when sentencing Peter Terei, aged 22. a railway employee, to a total of 18 months’ imprisonment »

Terei was sentenced to six months' imprisonment on each of three charges of burglary, the terms to be cumulative and to three months' imprisonment on a charge of theft from a dwelling, the term to be served concurrently.

Terei, who was ‘ appearing for sentence, had nothing to say and was not represented by counsel.

SERIES OF OFFENCES Four young men, who pleaded guilty to a series of cr.arges involving car conversion and burglary, were remanded in custody until April 30 for sentence. David John McCormick, aged 28, a workman, pleaded guilty to five charges of conversion. one of theft and one of burglary. Murray George Hume, aged 21, a workman, p.eaded guilty to three of conversion, one of theft and one of burglary. Neil Frederick Baker, aged 20. a moulder, pleaded guilty to three charges of conversion and one of burglary. Roderick Charles Smith, aged 22. a workman, pleaded guilty to three charges of conversion and one of burglary. All four accused had previous convictions. said Senior-Sergeant G. M. Cleary.

Smith had taken a car from Armagh street while the other three accused had taken a car from Hanmer street. Senior - Sergeant Cleary said. They intended breaking into a clothing shop. Smith had overturned the car on the Stanmore road bridge, causing £lOO worth of damage. Smith then got into the other converted car. The four accused then drove to Linwood avenue where they broke into a shop and stole property valued at £l6l. Other cars were converted from Latimer square, the corner of Barbadoes and Worcester streets, Timaru, and Ashburton, said Senior-Ser-geant Cleary. Some of the accused were arrested in Ashburton and some in Hokitika. NINE MONTHS’ GAOL “You’ve utterly failed to co-operate with the probation officer and have not taken advantage of the leniency extended to you in the past. You are defiant and in need of discipline,” said the Magistrate when sentencing Celia Heretoanga Blackledge, aged 24, to a total erf nine months’ imprisonment.

Blackledge was appearing for sentence on a charge of being found unlawfully on a ship without intent. She was sent to gaol for three months on this charge. Mr J. Ryley. a probation officer, applied to have Blackledge dealt with on a number of other charges on which she had been admitted to probation. These included 32 charges of making false statements with intent to defraud the Post Office. She was sentenced to six months’ imprisonment on each charge, the terms to be served concurrently. Blackledge had given false telephone numbers when she made toll calls at Auckland to her boy friend on a ship when it was berthed in various parts of New Zealand, Mr Ryley said. Since being placed on probation in August she had committed three further offences. She was making little or no response to probation. Mr M. J. Glue, who appeared for Blackledge, said she was now at the crossroads and he asked that she be given one final chance. Her record was not good but her offences were recent and began after the break-up of her marriage. Before this she had been a good citizen. ASSAULTED CONSTABLE A somewhat unusual comb.nation of events was how Mr R. G. Blunt described the charges against Peter Joseph McKenzie Phelan, aged 22 Mr Blunt was appearing as counsel for Phelan, who was appearing for sentence on charges of assault on a constable. obscene language and disorderly behaviour. All offences occurred on April 12 On the first charge Phelan was fined £ 15, the second £5 and on the third he was convicted and discharged. 'Drunk or sober, no-one is going to assault police officers and escape unpunished,” said the Magistrate. PROBATION

Appearing for sentence on a charge of forgery at Christchurch on December 5. a 20-

year-old man. whose name was suppressed, was placed on probation for two years and ordered to pay £lO restitution. Mr D. J. Hill, who appeared for the man. said the accused had learnt his lesson and would probably not appear again. BICYCLE THEFT "Bicycle thefts are miserable thefts and are regarded as serious by the court. ’ said the Magistrate when he placed Priscilla Yvonne Ritchie, aged 19. on probation for two years on a charge of theft of a bicycle, valued at £l5. on April 26. Ritchie was appearing for sentence. She was also ordered to pay a total of £l6 for costs of prosecution and restitution. Ritchie's counsel Mr D H Stringer, said that the accused was very sorry about the offence. FINED £25 A fine of £25 and 18 months probation was imposed on Ronald George Symons, aged 25. when he appeared for sentence on a charge of committing an indecent act on March 31 Mr W F Brown appeared for the accused

"Decent young people are entitled to be protected against such behaviour." said the Magistrate when sentencing Symons UNSATISFACTORY LAW" A change in the legislation requiring a person selling a \thicle to notify the Deputy

Registrar of Motor Vehicles of the transaction and to supply the name and address of the new owner was long overdue, said the Magistrate, when he discharged without conviction a youth, whose name was suppressed. charged with disposing of a motor-cycle without notifying the Registrar. ‘He had met the requirements of the contract of sale by completing papers for the buyer and himself, but had unwittingly not fulfilled the law." the Magistrate said. Mr R. G. Blunt, counsel for the defendant, was asked by the Magistrate to advise the president of the Law Society of his comments with a view to approaching the registration authority for a change in this legislation. DROVE WITHOUT CARE

On charges of driving without due care and at failing to report an accident. Norman Leslie Ayres, a workman, aged 30 iMr S. H. Wood), was fined £o and £3.

Ayres, driving a motor-cycle, had struck and injured a cyclist while turning from Victoria street into Oxford terrace on February 26. He had taken the injured person to a doctor, and then returned him to the scene of the accident, where the damaged bicycle had been left. No names were exchanged, but the injured person took Ayres' licence number, said the prosecutor, Senior-Sergeant G. M. Cleary. USED ARMY VEHICLES Fines totalling £2O were imposed on Kenneth Barrie Neal, a soldier, aged 20 (Mr R. G. Blunt), for unlawfully using vehicles owned by the Army on April 6, 9 and 10 at Christchurch. Neal, who was on the sick list, and was engaged on light duties, took utility vehicles, valued at £lOOO, from the King Edward Barracks and drove about the city and to Lyttelton and Belfast on these days, saio Senior-Sergeant Cleary. He used an Army vehicle without authority to attend a dance on one occasion. The vehicles were returned except on April 10, when Neal, who had driven to Belfast, found the barracks closed when he arrived back. Neal left the vehicle in Cashel street and intended returning it later, said Mr Blunt. Neal was fined £5 for his offence on April 6. £5 for his offence on April 9, and £lO for unlawfully using a vehicle again on April 10. He pleaded guilty to ail charges. A request for suppression of his name was refused CHARGES ADMITTED Pleading guilty to charges of being an idle and disorderly person, in that he had insufficient lawiul means of support, on April 1 and receiving ciotnes, vamed at £l9 2s. when he knew them to be stolen, on March 30. Noel Patrick Simpson, aged 17, was remanded until April 27 for sentence. Mr M. G. L, Loughnan appeareu ior Simpson. SemiA-ocigeaiit Clear y saio tile accused was interviewee by me ponce in a syuennam fiai at S.M p.m. on April 1. He e>aiu ne nad no vvoik or permanent boatd and naa no money in ms possession. Clothes stolen irom a snop were given to the accused by one ot tne offenders. When interviewed Simpson admitted he knew the clothes were stolen. DISQUALIFIED DRIVER A fine of £3O was imposed on Trevor Herbert Barnsiey, aged 23, a car painter, when he pleaded gumy to a charge ol driving wnue disqualified on December 22. Ihe period oi cancellation of his licence was extended tor a further year. On further charges ol railing to give way to tne right ano having no warrant ol fitness on December 22 Barnsley was fined £6 and £2 respectively. He admitted both charges. Sergeant Townshend sard that a car the accused was driving on Moorhouse avenue at 6.10 p.m. on December 22, collided with another car on the accused's right at the Antigua street intersection. Barnsley had been disqualified from driving for 12 months w-hen he was convicted on October 13, last year, of dangerous driving. Mr A. D. Holland, who appeared for the accused, said that his client would suffer neavily from the accident a» he was not insured. He asked that something less than imprisonment be Imposed. CHARGE DISMISSED A charge against Dawn Rosalie Yeatman, aged 17, of unlawfully getting into a car on or about March 20 was dismissed.

Constable B. H. Fairbranch said he was on patrol in East street, Ashburton, at 2 a.m., when he saw two parked cars outside Burnetts Motors used car yard. A youth and the defendant were sitting in one and a girl was in the other. Thqy were taken to the police station and interviewed.

Yeatman said in evidence that she had been told the car was borrowed from a friend for the week-end. She said the key was in the ignition switch, so she thought it was all right.

The Magistrate said it had not been suggested the defendant was involved with taking the car. and she claimed she had been invited into the car. The circumstances were extremely suspicious but he could not convict on suspicion. "SUSPENDED AXE"

“The axe is suspended. Whether or not it falls depends On you.” the Magistrate told Alfred Bruce O'Keefe, appearing for sentence on charges of theft of wrist watches on April 3. theft of a radiogram on April 6 and unlawfully taking a car from Lyttelton on April 7.

O'Keefi was released on probation for two years ordered to make restitution of £l2 10s and to pay £5 compensation to the car owner. FINED £8 Raymond Patrick Boyle was convicted and fined £3 for giving false information at Timaru on October 21. £3 for driving without due care and attention on October 21. £2 for using an unlicensed vehicle and convicted and discharged for having no warrant of fitness. His licence was cancelled for three months Boyle pleaded guilty to each charge. ASSAULTED HUSBAND

"You and your husband are a ?air of drunken no-hopers," the lagistrate told Margaret Isabella Hill when she appeared for sentence on a charge of assault on her husband on March 8

“I’ve followed your progress through the courts regarding your drunken quarrels and domestic upsets." the Magistrate said.

Hill was placed on probation for 18 months with the conditions that he take out a prohibition order and undergo psychiatric treatment as directed. ABSENT WITHOUT LEAVE James McWilliam, a seaman, appearing for sentence on a charge of being absent from a ship without leave, was fined £lO. An order was made for his deportation. Mr R. G. Blunt, who appeared for McWilliam. said the defendant had missed his ship because of a fight in his cabin with a man who had threatened him with a broken bottle In normal circumstances, he would not have left the ship. CASE ADJOURNED

A case against Nigel Frederick Campion (Mr M. J Glue), charged with using a vehicle without due care and attention on Seaview road on March 3. was adjourned until May 3,

■after four prosecution witnesses had given evidence. FAILED TO REPORT DAMAGE

For failing to report damage which occurred in an accident on February 26, Charles Cederick Preece was fined £lO and his driver’s licence cancelled for one month. For driving without due care and attention he was fined £5. Preece did not appear. FAILED TO PRODUCE LICENCE Wayne John Maynard was fined £2 for failing to produce his driver's licence on February 11, and £2 for having no warrant of fitness. OTHER TRAFFIC CASES Other offenders against the Traffic Regulations were dealt with as follows: Failing to give way to the right: David Hugh Adams. £6; Robert George Brechin, £6; Paul Charles Donnelly, £6: John McFarlane Hamilton. £6. Failing to notify Transport Department of disposal of vehicles: Kevin John Gimblett. £5. Driving without due care: Kevin Barry Carroll, £lO. driver's licence suspended for three months (no warrant of fitness. £3). REMANDED On a charge of obstructing a police officer in the execution of his duty on April 18,i Alexander Mcßeath, aged 20. was remanded on bail until April 30. Paul Arthur Stanton, aged 20. was remanded on bail until April 30 on a charge of driving while under the influence of drink or drugs in Cathedral square on April 18. A 23-year-old man, whose name was suppressed, was remanded until April 30 on charges of obscene language in a public place on April 12 and indecent assault on the same date. Bail was allowed.

On a charge of receiving heaters, valued at £lO6, when he knew them to be stolen on July 1, 1961, Ronald Cyril Sloane, aged 39, was remanded on renewed bail until May 9. Evafi Lloyd Bydder, aged 21. was remanded until April 27 on a charge of obstructing a police officer in the execution of his duty on April 14. Bail was renewed.

Charged with theft as a servant of £37 9s 3d from Lane, Walker. Rudkin, Ltd., between February 6 and March 1. William Henry Cannard. aged 31, ■was remanded on bail until April 30.

On a charge of burglary on April 10, Clifford Boyd Ogilvie, aged 47, was remanded until April 27. Barry Alexander Amalfitano and John Morgan, each charged with having had sexual intercourse with a girl between the age of 12 years and 16 years, at Christchurch in March, were remanded to May 11 with renewed bail.

(Before Mr E. S. J. Crutchley, S.M.) NEGLIGENT DRIVING

Convictions for negligent driving, failing to stop after an accident, and failing to ascertain whether a person had been injured, resulted in fines totalling £35 for Trevor John Fergusson. an Air Force cadet, aged 18 (Mr R. G. Blunt). Fergusson was disqualified from holding a drivers licence for 18 months.

He appeared on five charges. One of dangerous driving, two of failing to stop after an accident. and two of failing to ascertain whether any person was injured.

On April 3. Fergusson, In a large early model American car collided with two other vehicles and a pedestrian had to jump back from the crossing in Cathedral square before the Chief Post Office to avoid being struck by him, said the prosecutor, Sergeant V. F. Townshend.

The driver of the first car struck by Fergusson. J. R. Hinds, aged 19. said aoout 7.45 p.m. on March 7, he stopped at the crossing in the Square. "Twenty or thirty people were using it at the time. A car drew alongside then accelerated fast through a gap. One man had to leap back. .The car struck my front left mudguard," said Hinds.

Fergusson continued along Worcester street, swerved onto the incorrect side, and hit another vehicle travelling in the opposite direction outside the Avon Theatre

Fergusson said he had not Known of the first collision and had not seen the pedestrian. He felt the second crash but did not stop He said no person could have been injured because the glancing blow caused little impact. The charge of dangerous driving was amended by the Magistrate to one of negligent driving and the charges associated with the first collision were dismissed. It was possible the defendant did not know he had hit anything, said the Magistrate. There were no mitigating circumstances with the second, however. He had been driving very badly and had to be taught a lesson, said the Magistrate. LICENCE CANCELLED Lawrence James Le Compte. charged with exceeding 40 miles an hour with a pillion passenger on February 10. was fined £6 and his driver's licence cancelled for one month. Le Compte pleaded guilty and was represented by Mr R G. Blunt. Traffic Officer J. Sterritt said he checked Le Compte travelling at 65 miles an hour near Dunsandel. Le Compte had got his driver’s licence back only one week earlier after being disqualified for previous tri. fic offences. » PLACED ON PROBATION Appearing for sentence on a charge of driving while disqualified on January 19. Frederick William Duff was placed on probation for two years and the cancellation of his driver's lienee extended for one year. TRANSPORT CASES

In other traffic cases brought by the Transport Department, convictions were entered and fines imposed as follows: Exceeding 30 miles an hour: Edward James Stancombe, £5 (no safety helmet. £2); Terence William Goodall. £4. Oswald John White. £2: Aleck Lester Bennett. £2: John Graham Andrews £5; Raymond Peter Borrel! £5; John Mair Dunlop Cathcart, £2» Joyce Elizabeth Champion. £' 10s: Garth Kingsley Faigan, £2; George Robert Kingscote. £4: Pearl Anne Wicks £3: William John Taylor £1; Elsie Marguerette Cresswell. £3: Roderick Frederick Cullen. £2: Noel John Curtin. £4: Allister MacDonald Fraser. £1: Raymond Maxwell Gilchrist. £3 (no certificate of fitness. £4: no heavy traffic licence, £5); George Davidson Griffiths £4: Jessie Bailantyne Holder. £4: Edward Spearman Johnstone, £4: Ronald Francis Johnston. £5; Anthony Kay, £2; Patricia Sun, £1; Oliver Adolphus Luxton, £1: Deway Eric Arnold Macann. £4; Raymond John Martin. £4 mo warrant of fitness, £1 10s); Barbara Elsie McFadden, £2; Mervyn John McNally. £3: Terence Joseph Mumey, £4: Brian Claude Phillips. £2; Hazel Scott. £1; Noel John Seymour. £4; Brian Smither. £5: Terence William Taylor. £2; James Wilson. £2.

Exceeding 40 miles an hour with trailer: Cecil Hardy Davison. £5: 'Wilfred Sydney Edward Hamilton. £4; Martin John Howard. £6: lan Alexander Niles £4 mo effective rear vision mirror. £2): lan Thomas Perry. £6 (no warrant of fitness. £1).

Exceeding 40 miles an hour with pillion passenger: John Michael Churchill, £6: lan Bernard Fussell, £6; David John

Matthews, £6; John Lionel Morris. £6: Russell Melville Wilson. £6 Exceeding 35 miles an hour with heavy motor-vehicle: Charles Ernest Bennett. £5: Harold Evans. £5; Murray James Williamson, £5

Exceeding 55 miles an hour: Errol Karl Chaplin. £6; Me.vyn lan Moore, £5: Samuel Allen Moore, £5: Norman Thomas Wood, £4 10s. No certificate of fitness: Eric Charles Roberts, £5 (name of nearest post office not displayed, £3) No driver's licence: Brian Herbert Blazey. £10; Richard Tarden. £lO (no warrant of fitness, £1 10s). Permitting use of unlicensed vehicle: Peter Washbourne, £lO. Driving without due care and attention: Bruce Lindsay Perkins. £5. No warrant of fitness: Jim Caras, £1 10s; Robert Wilfred Bearman £l. Wrong class of driver's licence: Allan James Jamieson. £3 Exceeding 30 miles an hour with no safety helmet: John William Miller. £2: Leon E. Olsen. £l.

Using unregistered vehicle: David Mister McLaughlin, £lO