Magistrate's Court Charge Of Obscene Language Fails; Words Not Heard

Press, Volume CII, Issue 30178, 9 July 1963, Page 8

Magistrate's Court Charge Of Obscene Language Fails; Words Not Heard

A charge against Robert Mervyn Hills, aged 25, a waiter (Mr M. J. Glue), of using obscene language in Cathedral square on June 26 was dismissed by Mr E. S. J. Crutchley. S.M.. in the Magistrate’s Court yesterday. The defence, raised on Friday, was that the accused was seen only to form the words with his lips when provoked by another person.

The whole purpose of the section under which the accused was charged was that the obscene language must be capable v of being heard, said the Magistrate, giving his reserved decision. Mr Glue had submitted that obscene language "should be heard and not seen," for the offence U> be committed.

Dismissing the charge, the Magistrate said the two constables had admitted they could have been mistaken when they said they heard the words, which the accused alleged he had spoken under his breath.

(Before Mr A. P. Blair, S.M.) THREE YEARS' GAOL

Three years’ imprisonment was imposed on David Arthur Bengerson, aged 29, when he appeared for sentence on a charge of indecently assaulting a girl aged three years 10 months on June 29. On a charge of attempting to have sexual intercourse with a girl aged nine years between April 1 and 30. the accused was sentenced to two years’ imprisonment The terms are to be served concurrently. The offences, to which the accused pleaded guilty last week, were committed on two young sisters while the accused was baby-sitting for their parents. The Magistrate said he must have regard to the deterrent aspect of the punishment because of the type of offence and the accused's record. "ABHORRENT" CRIMES Describing the accused’s

crimes as abhorrent, the Magistrate imposed gaol terms of two years and a half on Rangihika Sydney Hohipa, aged 22, when he appeared for sentence on two changes of indecent assault on females. The gaol terms are to be concurrent. Although the present offences were the first of this type committed by the accused, they were bad, and abhorrent to both Europeans and Maoris, particularly because the young girls concerned trusted him and because they could have been infected with an affliction from which he suffering, said the Magistrate. Mr M. J. Glue, for the accused, submit' 1 that the accused reverted to crime when inflamed by liquor. If he could control his propensity to drink there was every likelihood that he would not offend again. BURGLARY Wayne Lee Montgomery, aged 19. a soldier, was convicted and discharged, on payment of £lO restitution, when he appea* d for sentence on a charge of burglary on June 15. He was also convicted and discharged for procuring possession of a firearm on June 14.

The Magistrate said, that from a practical point of view the burglary charge could be regarded as wilful damage. He would assume that the offence was an isolated lapse. MAJOR CHARGE . DISMISSED A charge against George Ronald Humm, aged 25, a farmer (Mr J. G. Hut r ’ ■). of driving while u:-.der the influence of drink or . ugs on the Lincoln-Tai Ta<pu road on June 29 was dismissed.

On a further charge of carelessly using a i vehicle. the accused was fined £2O and was disqualified from driving for two years. He pleaded not guilty to both charges.

The major charge was dismissed after evidence that the accused suffered a leg injury in an accident from which the charges arose. Police evidence had been given that the accused was unsteady on his feet when questioned at the scene.

FINED £5O Frank Crosbie Cook, aged 41, was fined £5O and had his driving licence cancelled tar three years on a charg? of driving while under the influence of drink or drugs on June 23 The accused, who was ri.-p--reoented by Mr H. W. Thompson, pleaded not guilty On a further charge of having no warrant of fitness, to which he pleaded guilty, the a-oused was convicted and discharged. REMANDED

A remand to July 15 so that legal aid could be arranged was granted to Eric Ronald Alphonsis GilliganKingsley, aged 22, when he appeared for sentence on a charge of unlawfully taking a motor-vehicle on June 17. Bail was allowed. i Before Mr K. H J. Headifen. S.M.) £5O FINE Gerald Daniel Noonan, aged 48. a manager, was fined £5O and was disqualified from driving for three years when he pleaded guilty to a charge of driving while under the influence of drink or drugs on the Main South road on June 29.

Sergeant V. F. Townshend said the accused was followed by a traffic officer between Sockburn and Church corner. He travelled between 45 and 48 miles an hour and weaved from the middle to the edge of the road

Mr A. D. Holland, for the accused. in submitting that a prison term should not be imposed. said the loss of the accused's .driving licence would be a far greater penalty than it would be for most other persons. and would cost hirm hundreds of pounds. • The accused had seven business premises and he was required continually to go between these. He would now have to hire a chauffeur or pay large amounts in taxi feres. CHARGES ADMITTED

On two chaoges of burglary and one of attempted burglary on the night of June 29, Courtney John Rutledge, aged 20. a workman, was convicted and remanded in custody until July 15 for sentence. He pleaded guilty. Sergeant Townshend said that the accused attempted to break into the Ace Service Station and later broke into a garage in Victoria street and a milk bar in Cambridge terrace. A youth, who pleaded guilty to a charge of being an accessory after the fact in that he suppressed evidence against Rutledge, was also convicted and remanded until July 15 for sentence. His nwme was suppressed, and he was represented by Mr R. G. Blunt. Sergeant Townshend said the accused was with Rutledge on the night of the offences. He took no part in the burglaries but later helped to conceal the stolen goods OBSCENE EXPOSURE On four charges of obscene exposure between June 20 and

June 25. Frederick Claude H. aged 31. a workman, was c victed and remanded in ci tody until July 15 for sc tence. He pleaded guilty, a was represented by Mr L. I Moore Two of the offences oceurr. in Avonside drive, one in W« den street, and one In Drap street, said Sergeant lYiwi abend He said the accuse ebscenely exposed himself t children. Hale also admitte. two other similar offences, but no complaints had been received. THEFT Because they thought tie articles might come in handi when they moved into a fiat, two youths stole blankets household goods, tools and clothing of a total value of £45 18s 2d from the place at which they were staying, as Id Sergeant Townshend The youths, Paul Ferguz Kaye aged 17. and Trevor Daniel McKXmalcL aged * 17. pleaded guilty to a joint charge of theft and were remanded in custody until July 15 for sentence. An order was made that they be kept apart from other prisoners. FINED £5 Colin Alexander Doyle, aged 20 was fined £5 when he was convicted of assaulting his father. Mark Doyle, on May 24 He pleaded not guilty, and w.j represented by Mr P. G. S. Penlington. Constable M. Beaumont said that after a complaint by the accused's mother he went to a house at 875 Colombo street at 8.45 p.m. on May 24. He saw the accused throw a knife at his father, and when it missed Doyle began to punch his father. Mr Penlington ealled medical evidence as to the accused's condition. The accused, he said, was seriously injured in a motor accident in 1980. DISMISSED Saying that the prosecution had failed to establish its case, the Magistrate dismissed a charge against Brian Uoyd Jones, aged 24. a workman, of unlawfully interferring with a car. valued at £3OO. in Hereford street, on June 8 Jones pleaded not guilty, and conducted hu own case The Magistrate warned Jones to be careful of his behaviour in the future. REMANDED Charged with assault with intent to injure on July 7. Geoffrey James Vincent, aged 19. was remanded on bail until July 15.

A man. whose name was suppressed. was remanded on bail until July 15 on a charge of peering into a dwelling-house at 30 Naseby street on July 8.

Leonard Thomas Brennan, aged 37. was remanded on bail to July 15 on charges of driving while under the influence of drink or drugs and failing to stop at a traffic officers direction "bn July 1.

Jonathan Gordon Mac Gibbon. aged 20. was remanded on ball to July 15 on a charge of driving while under the influence of drink or drugs on June 29.

Daniel Scannell aged 31. was further remanded on bail to July 15 on a charge of com. mitting bigamy on July 12 last year.