Magistrate's Court Ten-Year Disqualification Of Drunken Driver

Press, Volume CI, Issue 29844, 9 June 1962, Page 17

Magistrate's Court Ten-Year Disqualification Of Drunken Driver

Sentence of a month’s gaol, with 10 years’ cancellation of his driving licence, was imposed on Keith Lorraine, aged 23. married. who pleaded guilty in the Magistrates Court yesterday to driving under the influence of drink or drugs at Kaikoura. Mr A P Blair. SM. was on the Bench

"You could have killed somebody and you will have to go to gaol," said the Magistrate

Sergeant E S Tuck, who prosecuted, said that on June 2 in West End. Kaikoura. a traffic officer noted Lorraines car being driven very slowly He stopped the car and. considering that Lorraine was under the influence of liquor, arrested him Later. Lorraine was examined by two doctors, who said he was not in a fit condition to drive

Sergeant Tuck said that Lorraine had been convicted at Dunedin in 1952 of the same offence and in the same year was convicted of driving while disqualified. In 1961 he was convicted at Christchurch of driving without due care and attention.

Lorraine offered no explanation for his offence when invited to do so by the Magistrate. BRUTAL ATTACK"

For what the Magistrate described as "a brutal attack on an old man." Pera Tatoko Herewini. aged 24. was sent to gaol for 18 months.

Herewini appeared for sentence on a charge of assaulting and causing injury to Frederick Charles Shugar. aged 81 in his room at the Manchester Private Hotel on Maj- 26. Sergeant Tuck said that Herewini had been involved in serious charges in Nelson in May.

"You realise you could have been before the Court on a charge of murder," the Magistrate said to Herewini. FOUR CHARGES Pleading guilty to charges of assaulting a police officer, burglary, theft, and obscene language. Frank Sydney Millward. aged 18. a workman, was remanded in custody to June 15 for sentence.

Colin Arthur Ford, jointly charged with burglary, pleaded not guilty and elected trial by jury. He was remanded on bail for the taking of depositions.

Sergeant Tuck said that on May 27. Constable P. R. Dowson noticed two men acting suspiciously in Nayland street. Sumner. When they saw the constable they ran away. He chased them for nearly a mile before catching them. The two men were brought back to Nayland street, where the constable noticed that Claydon’s service station had been broken into. He arrested the men. and they then tried to' break away from him. Sergeant Tuck said that when the constable was talk-

ing to Millward he was told: "I have a knife and will run jou through the guts. you .” Then there was a further struggle. The obscene language charge related to language used to a taxi-driver who offered to assist the constable. Sergeant Tuck said the theft concerned money. a tyre. ■ mechanic’s tools, and cigarettes. The police dog Buck had been used to trace money which had been hidden in a cave. The dog after searching in a cave came out with 2s 6d in his mouth and then scratched £l7 9s 6d in small change out of a hole in the cave PRISON FOR BURGLAR

"These offences were deliberate acts of burglary." said the Magistrate when sentencing Robert Charles Flutey to six months’ imprisonment on four charges of burglary, the sentences to be concurrent.

Flutey, who appeared for sentence, pleaded guilty to the charges last week. CARNAL KNOWLEDGE

A girl aged 15 was led ■lowly into a degrading life by the accused. Sergeant Tuck said The accused (Mr A. K Archer!, whose name was suppressed. pleaded guilty to three charges of having sexual intercourse with the girl, and one charge of indecently assaulting her • He was remanded on bail to June 15 for sentence. RECEIVING A woman, whose name was suppressed, admitted receiving s olen men's clothing valued at more £Bl3. She faced two charges—one of receiving cj Ching stolen from a shop tn R:ccarton road, and another of receiving clothing stolen from a shop in Timaru. She was remanded an bail to June 15 for sentence. The accused was represented by Mr M. J. Glue FINED £4O Bertha Elizabeth Buchanan, aged 73. was fined £lO on each of four charges of theft tiom shops. She appeared for sentence. PROBATION A youth, whose name was suppressed, was placed on probation for two years when he appeared for sentence on a charge of indecent assault on a male The Magistrate said he was satisfied the offence was a result of immaturity, ignorance, and a bad environment. WOMAN GAOLED One month’s imprisonment was imposed on Betty Ann Hart when she appeared for sentence on a charge of theft of clothing valued at £l5 at Wellington on May 11. Kathleen Lynette Jordan, who was charged jointly with Hart, was placed on probation for two years. An order for restitution was made ASSAULT ADMITTED Pleading guilty to a charge of assaulting a woman in a house in Kilmore street on June « Robert George Wade, aged 31; a machinist (Mr M. J. Glue) was remanded on bail to June 15 for sentence. Sergeant Tuck said that when the police arrived at the house after receiving a complaint they found a woman with blood on her face and a gash on her cheek Mr Glue asked tna: the name of the woman be suppressed as she was well known in Christchurch and publicity woulo harm her “Are you representing the complainant also. Mr Glue? ask*d the Magistrate. Mr Glue: No. sir. But I think that suppression of her name Is desirable. The Magistrate granted his application FINES OF £l5 “It tt a serious offence to oba’ruct a constable tn the execution oF'lri duty Your actions could have led to an ugly incident." said the Magistrate when fining James Alexander cinpbell. aged 27. a workman, £l5 on. a charge of obstructing th* ooitce. Campbell pleaded f jergSaitt <uck said that Campbell”miffe a nuisance of himself after Constable P R Dow«on arrested two men at Sumner JMM aLone of the a-restedjfGKlatfccked the eonstable C*ui»ll«itervened and tried to^»liW>eßpr s stable away from hiswkjftkA CliffWd *Wia» Jordan aged 30 a workman, who pleaded guilty to a similar charge of obstructing the police arising from the same incident. was also fined £t£. ■

STOLE CIGARETTES A youth whose name was suppressed was fined £l5 after be had pleaded guilty to a charge of theft of two packets of cigarettes valued at 5s and 10s in cash. He was represented by Mr B J. Drake. FORGERY Charged with forging a receipt for a registered letter which contained £25. a man who was granted interim suppression oi name was remanded on bail to June 15 A plea of guilty was entered STOLE CYCLE Because they were out of money two men drove into the city, stole a bicycle, and sold it. Sergeant Tuck said. Before the Court on a joint charge of theft of a bicycle valued at £25 were Malcolm Peter Jackson, aged 21. married (Mr P G. S Penlingtoni. and Wilfred Raymond Grills, aged 20. married Thev pleaded guilty. They were remanded to June 15 for sentence. Sergeant Tuck said that after stealing the bicycle the men sold it to an auction market. The man in the auction market became suspicious and stopped payment of the cheque at the bank. The men then went to a business firm and cashed the cheque. FALSE PRETENCES

After taking a form from his father’s cheque book. David Tomlins .aged 21. made out a cheque for £lO 10s and cashed it at a Colombo street shopthe Court was told. Tomlins (Mr P. G. S. Penlingtoni. pleaded guiltj’ to a charge of false pretences. He was remanded on bail to June 15 for sentence £5 FINE Accepting that the act was more foolish than criminal, the Magistrate fined Michael Thomas Hennessy £5 on a charge of theft of clothing valued at £8 He appeared foi sentence. FINED £3O For theft of a carton of cigarettes valued at £45 on May 25. John Ormoard Foster Howarth, aged 49. was fined £3O He appeared for sentence. This was a stupid crime caused by too much drink. Mr L. H Moore said on behalf of the accused. CARNAL KNOWLEDGE Pleading guilty to three charges of having sexual intercourse with a girl aged 15 years and five months, Keith James Millar, aged 21. was remanded on bail for a week for sentence On a charge of unlawful carnal knowledge of a girl under 18 at Christchurch on May 15. Andre Peter Houben. aged 22. a soldier, w’as fined £l5. LIQUOR CHARGE For drinking liquor m a public place, when a minor. Eric Ross Hardy, aged 17. a tractor driver, as fined £8 He pleaded guilty by letter. REHEARING GRANTED A rehearing next Friday was granted to Brian George Ashford Martin, who faced three charges of assaulting warders at the Addington Prison on May 13. Martin admitted assaulting Officers F T. G Dingley and W R Ayres, but denied assaulting Officer M A G. Couch Mr C. M. Roper, the Crown Prosecutor, prosecuted. Dingley said that Martin came to him at 8.45 a.m. and asked for work. He was told he would be given work if it was available, but meanwhile he would take part in the morning parade Martin refused to join the parade, and an order was made for him to be taken to the cells. The assaults occurred in the struggle that followed Martin said that he and Officer Couch took part in an all-out fight while officers and prisoners stood around watching They fought for 20 minutes “As I was attacked I had to defend myself.” he said. After an adjournment. Martin produced two other prisoners to give evidence. He said he had also engaged counsel On Mr Roper’s application a remand to June 15 and a rehearing were granted REMANDED Charged with false pretences invoking a cheque for £37 10s dt Rotorua on June 4. Frederick John Gruschow, aged 32. a machine operator. was remanded in custody to June 15 Bra iley George Stackdale appearing for sentence on two charges of burglary, was remanded in custody to June 15 Charged with theft of a £26 suit from the D I.C store. Cashel street, on June 1. Oswald Spencer was remanded on bail to June 15.

Charged with unlawfully taking a bicycle valued at £2O on May 4. Richard Edwards was remanded on bail to June 15 Charged with indecently assaulting a female on February 20. Donald George Liddieoat was remanded on bail to June 15 Reginald John Hills was remanded to June 15 on a charge of unlawfully taking a bicycle valued at £3 on April 3 On two charges of assault on May 30 Paul David Hatwell was remanded on bail to June 15 Albert Henry Sands was remanded to June II on a charge of indecently assaulting a vouth in Invercargill on April 22 An application by Sands to be remanded to Sunnyside Hospital was refused. Peter Robert Wnght (Mr P G S. Penlington) was remanded on bail to June 14 on a charge of stealing a rifle valued at £5 at Hanmer Springs. (Before Mr E A. Lee. S.M.) ASSAULT “You acted like a stupid, arrogant irresponsible lout, and when detected in a minor offence refused to co-operate, defied authority, and elected to take some retribution out of an officer who has a public duty to enforee the regulations," the Magistrate told Norman William Bradley, aged 28. a workman when he convicted him of assaulting Traffic Officer D C. Baker on May 18 The accused was fined £2O. Bradley pleaded not guilty and was represented bv Mr R G. Blunt. In evidence. Traffic Office! Baker said that at 7.15 p.m he was on duty outside the Christchurch railway station when he noticed Bradley riding a bicycle without a front light The witness said he called to the accused to stop, and the latter got off his bicvcle and started to walk away He overtook Bradley, who said he could not care less about having no light and refused to give his name and address. ”1 then called for a taxi and when it came I placed the accused’s bicycle on the back He then struck me on the law with a closed fist and offered to fight me on the roadwav," said the witness He then asked the taxi driver io cab the police Bradley then bailed him up in front of a bus In evidence Bradley admitted the assault but said the traffic officer grabbed him first and told him after taking the bicycle from him that he would have to pay for the taxi fare to the police station He denied that the traffic officer asked him for his name and address Mr Blunt made legal submissions on the traffic officers action m taking the bicvcle from Bradley. "The force used was far in excess of any needed if the accused thought there was some Invasion of his rights." said the Magistrate CHARGE DENIED Without hearing any evidence for the defence, the Magistrate dismissed a charge against John Garrick Ferguson Pine, aged 33 a clerk, of being unlawfully

on the premises of the Pink Elephant Coffee Lounge on April 23. Pirie pleaded not guilty to the charge. but admitted charges of giving false information and having no rear red light oa a truck on the same date.

For supplying false information Pirie was fined £l2, and for Having no rear red light he was ordered to pay costs Mr S. H Wood appeared for the accused.

Brian Steven Wells, proprietor of the coffee lounge, said he saw a person on the fire-escape of the building some time after midnight He said the coffee lounge was closed, but he could not identify Pirie as the person he saw

Senior-Sergeant G. M Cieary said that another witness for the prosecution could not be located.

The Magistrate upheld a submission by Mr Wood that identification had not been proved. and dismissed the charge. Concerning the other charges, which Pirie admitted. SeniorSergeant Cleary said that Pirie gave a constable, who stopped him at 2.30 a.m.. false particulars of his age and address. "The accused later admitted giving false information and said he did not know why he did so. but was just being silly." Mr Wood said his client had been drinking and his actions were more stupid than sinister. SUSPENDED SENTENCE On a charge of assaulting Rita May Batchelor on June 7, Peter Alexander Gifford, aged 32, a freezing worker, was convicted and ordered to come up for sentence if called on within six months. Gifford denied the charge, which arose out of a domestic dispute with relations, and conducted his own case. CHARGE DISMISSED

A charge of driving without due care and attention in Grahams road on January 10. against Frank Mitchell, aged 50. was dismissed. The case was part heard on Thursday and continued yesterday. Mitchell (Mr W. F. Brown) pleaded not guilty. "The defendant has had three appearances at court for the hearing of this charge, and 1 am prepared to give him the benefit of the doubt and leave the motor-cyclist to civil remedies." said the Magistrate when dismissing the charge. (Before Mr N. M. Izard, S.M.) CHARGE DISMISSED

A charge against Gordon Cameron, aged 47. a block maker (Mr C. V. Quigley), of assaulting his son, David lan Cameron, was dismissed. He pleaded not guilty. The son said that the accused ordered him out of the bathroom when he was preparing for work on May 22. He went to the kitchen to clean his teeth and was ordered out of there, too. This time he refused to go. His father smacked him on the nose. He spent one night and one day in hospital with a broken nose.

To Mr Quigley the witness said that he and two of his brothers dragged their father outside and ‘"aid into him” for about 10 minutes. "A criminal court is not the place to air family grievances.” said the Magistrate. He suggested the boys apologise to their father.

LIQUOR CHARGES A barman and the licensee of the Papanui Hotel were both convicted on a charge of supplying liquor to a person under the age of 21 on May 12. Both pleaded not guilty, and were represented by Mr R. E. Wylie. Kevin Patrick Dobbs, the barman, was fined- SS, and Thornall Robert Smeath. the licensee, was fined £3. Terence Michael Hewinson was fined £3 on a charge of buying liquor while still a minor He pleaded guilty. (Before Mr E. S. J. Crutchley, S.M.) TWO MONTHS' GAOL In his sixth and seventh convictions for driving while disqualified Frederick Maxwell Singer (Mr M. G. L. Loughnan) was sentenced to two months' imprisonment. The terms are to be concurrent. His disqualification was extended by one year on each charge He appeared for sentence Singer was fined £5 on a charge of driving without due care and attention, and ordered to pay costs for failing to report an accident Mr Loughnan said that what appeared to have been arrogant disobedience of an order not to drive was partly explained in the doctor’s report. "The doctor says you have a persecution complex. You think everyone else is wrong and your are right,” said the Magistrate to Singer. "Wha: you have done is wrong and you will go to prison. If you do it again you are breaking the taw and will suffer for it." After being sentenced Singer said he would appeal and asked for bail. The Magistrate told him his lawyer would make the arrangements GAOL

“Yout response to probation has been poor." said the Ma«istrate when he sentenced Gordon Thomas Kelly, aged 25. a workman, to two months imprisonment on each of two charges of theft. Kellyappeared for sentence. The terms are to be concurrent

The charges related to the theft of goods valued at £1 5s 3d from McKenzie. Ltd., on May--18 and the theft of a radio valued at £22 17s from C F Cotter. Ltd., on April 11. "These offences took place while you were on probation," the Magistrate told Kelly

CHARGES DISMISSED A charge of theft of a bicycle valued at £lO and an alternative charge of receiving a stolen bicycle, against lan Harold Pattison, aged 29. a workman (Mr M. J. Glue), were dismissed. He denied the charges Ronald William Ripley said he left a bicycle in a stand in Hereford street and latei identified it at the police station A headlight and threespeed gears had been added and the rear wheel changed. Constable A D. Stevenson said he found the bicycle in Pattison’s bedroom on May 8 Pattison claimed that a young Maori, who was drunk, offered to sell him the bicvcle at a party on April 14 The Maori wanted the money to get a taxi home. Pattison said he gave nim 10s- and told nim io come back for the bicvcle next oav He never came The Magistrate said txiere was sufficient doubt in bis mind to dismiss both the charges SUSPENDED SENTENCE Appearing for sentence on a charge of being idle ana dis><<erly, in that he had insufficient lawful means oi support. on May 29 Victor Onslow Jefferies aged 70. was ordered to eome up for setence if called on within 12 months. .Sergeant B D Read said that the Salvation Army authorities were willing to look after Jeffenes.