Magistrate’s Court 14 Days’ Gaol With Four-Year Loss Of Licence

Press, Volume CI, Issue 29828, 22 May 1962, Page 9

Magistrate’s Court 14 Days’ Gaol With Four-Year Loss Of Licence

Sentence of 14 days’ imprisonment, with cancellation of his driver's licence for four years, was imposed on Francis lan Hamilton, aged 48. when he pleaded guilty before Mr E. S. J. Crutchley. S.M., in the Magistrate's Court yesterday to a charge of driving while under the influence of drink or drugs on May 5.

Hamilton also admitted a charge of having no warrant of fitness on the same date. He was ordered to pay costs on this charge. Mr B. J. Drake appeared for the accused

Sergeant V. F Townshend said that a traffic officer on patrol in Riccarton road at 6 15 p.m. noticed a car, being driven by the accused, weaving from side to side on the road and preventing following traffic from passing. The accused told the traffic officer he bad been trying to roll a cigarette, and also that he had been at a hotel from 11.30 a.m. until closing time. He said he had drunk about 14 or 15 beers in that time. Sergeant Townshend said.

The traffic officer noticed that the accused was unsteady on his feet and smelt of liquor, and his speech was slurred. The accused was certified by a doctor as unfit to drive.

Mr Drake said that the accused had been playing cards all day. The accused was well thought of as a workman by the local body he worked for, and would be hard to replace. "You have a long history of offences against the Transport Act.” said the Magistrate when imposing sentence.

SEVEN CHARGES ADMITTED Seven charges were admitted by Gavin Charles Hamilton, aged 24. an engineer, who was remanded on bail to May 28 for sentence.

Hamilton pleaded guilty to using obscene language in Purin street on May 12. resisting a constable in the execution of his duty, assaulting a traffic officer, operating a motorvehicle with insufficient lights, failing to furnish his name and address when directed by a traffic officer failing to produce his driver’s licence, and having no warrant of fitness.

Mr M. G. L. Loughnan appeared for the accused. Traffic Officer L. B. Boltan said that about 9 p.m. he saw a car travelling along Riccarton road without lights. As the vehicle passed him the headlight, showed a faint glimmer He followed the car into Puriri street, where it stopped He asked Hamilton what the trouble was. and tha latter replied that the lights were not going "Then the trouble started. I asked him for his licence. He took a plastic folder out of the glove box and then threw it back before I had a chance to look at it.” said the witness. Sergeant Townshend said that Hamilton assaulted the traffic officer and refused to hand over hi, ear keys. He used obscene language and when warned by the police repeated the offence and was arrested. Considerable force was necessary to get him in the patrol car, and three time, he attempted to set out. Hamilton had 11 previous convictions, mostly for traffic offences. Sergeant Townshend said ASSAULTED CHILD "There is evidence that you put your hand on the boy, and this was corroborated by the girl and your own statement That constituted an assault, and you will be convicted," said the Magistrate to Peter John Petterson. aged 19 an unemployed workman. Petterson was convicted of assaulting a child, and was remanded in custody to May 25 He pleaded not guilty and conducted his own defence A boy whose name was suppressed. said he was walking across Sydenham Park with a girl when Petterson bumped into him Petterson grabbed hold of him and led him away He did not know where he was taking him. It was dark, and he was not being taken towards his home. The girl gave corroborative evidence Richard Howden Mitchall. a shopkeeper, said the girl came into his shop very frightened When he caught up with Petterson and the boy. Petterson claimed ne was taking the boy home to his mother The bov said he was not. There was a struggle, and Petterson threw a bag of onions at him Petterson had been drinking but appealed to know what he was doing When the witness was telephoning the police Petterson tried to break away. CHARGE DISMISSED A charge of driving while under the influence of drink or drugs on April 3. against Lindsay Parkin, aged 40, a shearer was dismissed. Parkin pleaded not guilty, and was represented by Mr J. G. Leggat. Evidence was given by Constables J. P Larmer and M Egan that about 7.35 p.m. on April 3 they found a car which showed evidence of having rolled over, wedged in a gorse fence four miles from Darfield Constable Larmer said that the accused was asleep in the car and was snoring heavily When he pulled Parkin from the car the accused was unsteady on his feet and had inflamed eyes and hi, speech was slurred There were three bottles of beer on the floor of the car. Cross-examined, the witness

said the accident was likely to have caused some bumping to parts of the accused’s boay. Dr. D. W. Eason, of Darfield, said he examined the accused at 8.20 p.m. and considered him unfit to drive. To Mr Leggat. he said he could not conclude from the examination that the accused had suffered any concussion from the accident.

Mr Leggat submitted that there was no evidence of the accused drinking or driving and that the evidence did not exclude the possibility of the accused suffering from concussion as a result of the accident.

Dismissing the charge without hearing evidence for the defence. the Magistrate said there was no evidence that the accused had not been fit to drive at the relevant time. FINED £3O AND LICENCE CANCELLED

Pleading guilty to a charge of driving while under the influence of drink or drugs on May 13. John Adrian Burbery, aged 2a (Miss C. F. Fleming), was convicted and fined £3O and his driver's licence was cancelled for three years. For having no warrant of fitness Burbery was ordered to pay costs. He admitted this charge also. While driving along Bower avenue at 2 a.m. the accused struck a parked van, said Sergeant Townshend. The accused stopped 250 ft further on, and was arrested by a constable who had been following in a patrol car. The accused was unsteady on his feet, his breath smelt of liquor, and his face was flushed. Miss Fleming said the accused had been to a party and was on his way nome when he struck the unlighted van. The accused's wife was expecting her third child, and he owed £l5O on hire-purchase agreements. The Magistrate said he had considered the accused's circumstances and because of his wife’s condition it would be an undue hardship to imprison him. FINED £3O Charged with carrying an offensive weapon in a public place on May 18. Barrie Jackson, aged 20. was convicted and fined £l5. Jackson was also fined £l5 on a charge of assault on the same date. He pleaded guilty to both charges. Sergeant Townshend said the accused dropped a sheath knife during a struggle with Frederick Mitchell at the railway station at 7 30 pm The accused had been keeping company with Mitchell’s daughter, who was seeing her father off on the train, but relations had become strained ana the accused had slapped the girl across the face during an argument WILFUL TRESPASS Harry Dineen Sloane, aged 46 (Mr A. Hearn) was convicted and fined £5 on a charge of wilful trespass on May 13. Sloane pleaded guilty. The police found the defendant hiding behind a fence at the rear of a house in Linwood, said Sergeant Townshend. The owner said she knew the defendant but did not want him on her property. The defendant refused to leave when ordered to do so and was removed by force. REMANDED Vincent John Wright and Desmond Bruce McDonald were remanded in custody to May 28 on a joint charge of burglary at the factory of K. G. McCaw. Ltd.. Blenheim road, on May 12. An application for ball for both men by Mr M. G L. Loughnan was refused. Both men intended to elect trial byjury. said Mr Loughnan. Joseph Louis Condon, aged 49 (Mr G T Mahon), was remanded on ball to May 25 on a charge of driving under the influence of drink or drugs on May 3. On a joint charge of unlawfully converting a car. valued at £25. on May 18, George Rahul. agesd 23. Kawhiti Joseph Tautari, aged 24. and GeoffreyKenneth Walker, aged 19, were remanded until Mav 25. Bail was allowed A youth was remanded on bail until May 28 on a charge of obstructing a police officer on May 20. He was granted interim suppression of name On a charge of driving while under the influence of drink or drugs at Amberlev on Mav 19. Donald Scannell. aged 31. was remanded on bail until May 28 Charged with the theft of three half-gallon containers of beer, valued at £1 2s 6d. from the Christchurch Working Men's Club on May 19, Barry Dallis Crawford, aged 19, was remanded on bail until May 25 Barry Leonard McGee, aged 22. was remanded on bail until May 28 on a charge of driving while under the influence of drink or drugs on May 29. Lester Gordon, aged 47. was remanded on bail until May 28 on a charge of driving while under the influence of drink or drugs on May 20. Bruce William Large, aged 30. charged with using insulting language on May 20. was further remanded in custody until today Charged with assaulting a female on May 5. a inan. whose name was suppressed, was remanded on bail until May 28 Allen Cordner Midgley, aged 62 charged with driving while under the influence of drink or drugs on May 12. was remanded on bail until May 28. John Hamilton, aged 29 was remanded on bail until May 28 on a charge of obstructing' the police on May 12. (Before Mr H. Rosen, SM.) CHARGES DENIED Paul Arthur Stanton, aged 19 (Mr G. R. Lascellesi, was convicted and fined £7 10s on a charge of failing to deliver ms keys to a constable on April 18 Charges of driving while under the influence of drink or drugs, driving without due care and attention and failing to stop for the police were dismissed. Stanton pleaded not guilty to all charges Constable M. T. F. Egan said he was on the pedestrian crossing by the Post Office in Cathedral square at 5.55 p.m.

when he heard tyres squealing and saw a car which the driver appeared to be having trouble controlling. He signalled the driver to stop, but he carried on round the Square and parked near a traffic island. The witness said he told the accused to move his car. and the accused then parked it on the footpath near the Government Life Insurance office building constructions. The accused's breath smelt of liquor, his eyes were bloodshot, and he seemed agitated. He asked the accused for his keys, as he considered him unfit to drive, but the accused refused to hand his keys over and forcibly removed the witness's hand when he attempted to take them. Dr. P. B. Maling said he examined the accused at 6.25 p.m His manner was quiet. his speech was normal, and co-ord-ination good. He considered him a border-line case, but fit to drive. The accused told him he had had seven Boz beers at lunch time.

Two constables and a sergeant said that the accused was unco-operative when taken to the police station. One constable and the sergeant said they thought the accused was unfit to drive; the other constable thought he was fit to drive. Mr Lascelles submitted there was no case to answer on the charge of driving while under the influence, as the doctor’s report was favourable, and the amount of beer stated to have been drunk was not much. It was possible the accused did not see the constable when he was signalled to step, and there was no real evidence of driving without due care and attention.