Magistrates Court Assault With Sword: Without Conviction

Press, Volume CII, Issue 30188, 20 July 1963, Page 18

Magistrates Court Assault With Sword: Without Conviction

Althouffh Geoffrey Jamee Vincent, aged 10, a salesman, had probably been more sinned againet than ginning he could not run people through with swords, said Mr E. A. Lee. SM.. in the Magistrate's Court yesterday, when Vineent appeared for sentence on a change of assault with intent to injure Lester. Landery on July 7. Vincent was diachanged without conviction under section 42 of the Criminal Juatice Act. The accused had pleaded guilty to the offence last week.

Mr M. F. Hobbs, for the accused, said he was entailed to a great amount of sympathy in the present incident. After* being invited to drink with Landery, the accused asked to be taken home but accepted Landery’s invitation to stay the night. He awoke some time later to find himself being sexually assaulted by Landery. The accused’s violent reaction to the assault wae the reaction of any healthy male, and it was unfortunate that he chose a potentially dangerous weapon such as the souvenir sword which he found in the room, Mr Hobbs said.

“A young man of the accused’s type who resists this kind of assault is entitled to the sympathy of the community. A conviction would be out of all proportion," he said.

“There wais no justification for this type of assault, which could have been particularly serious, although you may have been justified in using some form of assault," the Magistrate said. He added that the accused had otherwise a good record.

SIX MONTHS’ GAOL People were entitled to believe their savings accounts would not be interfered with by unauthorised persons, said the Magistrate when sentencing Blackmore Daniel Hawea, aged 20. a farm hand. Hawea appeared for sentence on two charges of forging savings bank withdrawal slips. and two charges of uttering forged documents, at post offices in Hastings and Napier. He was gaoled for six months on each of the forgery charges, the terms to be concurrent, but cumulative upon a gaol term he is at present serving. On the uttering charges he was convicted and discharged. FINE FOR BURGLARY He could not regard the accused's offence as a foolish, drunken prank, said the Magistrate when Robin Dean Turner, aged 22. a storeman. appeared for sentence on a charge of burglary at Horotiu on August 9 last year. Turner was fined £2O. Mr M. J. Glue submitted that the accused was a good type ol Maori but tended to commit the offences after consuming liquor. ATTEMPTED THEFT Gary Patrick Schimanski, aged 24. a carpenter (Mr w. A. Wilson) was fined £l2 10s when he appeared for sentence on a charge of attempting to steal a car cover valued at £4 10s on June 28. INDECENT ACT Alfred Thomas Vincent, aged 25. a driver (Mr B. G. Dingwall), was placed on probation for 18 months when he appeared for sentence on a charge oi committing an indecent act with intent to insult another person on June 15. CHARGE DISMISSED In a reserved decision the Magistrate dismissed a charge against Lawrence James McNeill, aged 33, an agricultural contractor, of representing himself as a motor-vehicle dealer when he was not the holder of a motor-vehicle dealer’s licence. The original hearing was on June 14. Mr B. McClelland appeared for the defendant. The charge arose from the defendant’s having inserted a newspaper advertisement on March 9 advertising three vehicles for sale. The advertisement had been inserted under the name of Southern Motors, Ltd., L.M.V.D., said the Magistrate's judgment. He said the defendant in evidence had claimed he had purchased Southern Motors, Ltd., and was entitled to advertise as Southern Motors until the end of the licensing year on March 31. 1963. The Magistrate said the defendant's evidence that the vehicles he advertised for sale were his own had not been disputed, and if the facts were as the defendant claimed he did not become a dealer by attempting to sell his own property. “The defendant had used without authority the name of a company which tgas a licensed dealer, but not in any way (or there was no evidence of it) to hold himself out as a licensed dealer," the Magistrate said. FINED FOR ASSAULT Clifford Robertson, aged 41, a cook, was fined £lO, in default 12 days’ imprisonment, when he appeared for sentence on a charge of assaulting Ewen Charles William Mills at Waiau on July 14.

BREACH OF PROBATION Tpe Magistrate adjourned for six months a charge against Colleen Anne Gavin, aged 19 a domestic, when she appeared for sentence on a charge of Committing a breach of ner probation at Palmerston North on July 5. The Magistrate said the charge would be brought on within that period if the accused did not comply with the terms of her probation. (Before Mr A. P. Blair. S.M.) CLIMBED BUILDING Three young men who climbrii into tne Government Life Office building in Cathedral square shortly after 10 p.m. on July 11 "just for a thrill" were discharged under section 42 of the Criminal Justice Act. A request for suppression of name was refused Timothy Dean Tepowhiki Park, aged 19, a clerk, Gerald William Hardman, aged 19. a clerk, and Kenneth Gardiner, aged 18. a clerk, each pleaded guilty to a charge of being unlawfully in a building without intent to commit a crime. All were represented by Mr R G Blunt. Sergeant B. D Read said that at U.lO p.m. on July 11 the police were informed that tome persons were on top of the building and that plaster was falling on cars below. The accused were found on the building, and were arrested. Mr Blunt said the youths realised the serious position they were in. They had spent a night in the cells as a result of their action. FALSE PRETENCES Thomas Harvey Grenfell, aged 38. a painter (Mr G. B. D. Bailey), pleaded guilty to charges of false pretences Involving £ 17 Us lid, on May 15. theft of a bicycle valued at £lB on June 28. and unlawfully taking a bicycle valued at £l5 on July I He was remanded on ball to July 28 for sentence Referring to the false pretences charge. Sergeant Read said the accused bought paint and turpentine valued at £l7 Ils lid from Fletcher, Humphrlaa. LM.. and charged the

items without authority to a firm of painters. When questioned by the police the accused said be had been in financial difficulties at the time. He had sold the paint to a second-hand dealer. SUSPENDED SENTENCE A woman, whoae name was suppressed, was ordered to come up for sentence within 12 months If called upon on a charge at theft of groceries valued at 8s 7d from the Sed Help Co-op.. Ltd.. Colombo street, on July 5. She pleaded guilty. FALSE PRETENCES Five charges of false pretences involving £M 10s. and a charge of obtaining credit by fraud were admitted by Roger George Alien, aged 23. He was remanded in custody to July 26 for sentence. Sergeant Read said the offences involved the issue of valueless cheques at three New Brighton shops on June 29. and two cheques at Ballantyne s store. Harewood, on June 30. The fraud charge related to his booking into the South Otago Hotel, Balciutha, and leaving without paying his bill. DRUNKENNESS On a charge of being found drunk on July 18. having once previously been convicted of a similar offence within the last six months, Kenneth Willis, aged 41. a factory hand, was lined £2. PRINTED TICKETS FOR ILLEGAL LOTTERY A foreman printer, Derek Castleton Evans, aged 38. was fined £5 when he pleaded guilty to a charge of printing tickets designed to be used ui an illegal lottery £ergeant Read said the defendant told the police he had been asked to print tickets tor a person he met in a hotel. The firm which employed him was unaware that he was using its equipment to print the tickets. DISCHARGED A man, wnose name was suppressed, was discharged without conviction under Section 42 of the Criminal Justice Act on a charge of printing indecent documents on April 1 and April 30. He pleaded guilty and was represented by Mr J. G. Leggat. Sergeant V. F. Townshend said that another man asked the accused to deve.op and print some films for him. He aid so. and returned them. The photographs were of girls, aged 15 ana 16, posing in the nude. He thought they were models. Mr Leggat submitted that the accused was an innocent party in an unpleasant enterprise. It was only an attempt to help a friend that had got the accused Involved. The Magistrate said he accepted that there was no sinister aspect about the accused’s part in the affair.

INDECENT DOCUMENTS Leonard John Watt, aged 47. a workman (Mr L. M. O'Keilly), was remanded to July 26 on bail for sentence on a cnarge of unlawfully causing indecent documents to be printed. He pleaded guilty. Sergeant Townshend said that Watt encouraged two girls, aged 15 and 16. to pose in the nude at tus house, ana took photographs of them. He gave one girl 30s and tne other a new parr of shoes. LICENSING BREACHES On a charge of supplying liquor to a minor, John Henare. aged 23, was fined £5. Bryce Wild was fined £2 on a charge of being found on licensed premises when under the age oi 21 years. NO PERMIT FOR RIFLE Eric Allan Blackburn, aged 17, was hned 10s on a chaige of procuring a firearm witnout a permit on or about March 16. FINED £2O In a reserved decision, the Magistrate found Arthur Percival Evaip (Mr P. T Mahon) guilty on a charge of attempting to induce another male to commit an indecent act with him. Evans was fined £2O and pilaced on probation lor one year. A condition of his probation is tnat he takes such medical treatment as directed by the probation officer. The consumption of liquor had something to do with the offence, Mr Mahon said. The accused had an unblemished character, and. he submitted, a tine would fit the case SHOPLIFTING A woman, whose name was suppressed, was convicted and remanded on bail until July 26 for sentence on a charge of stealing groceries, valued at 7s 9d. from the Self Help Co-op.. Ltd., Colombo street, on June 28. The woman pleaded not guilty, and was represented by Mr H. W. Thompson. A woman, whose name was suppressed, was found guilty on a charge of stealing groceries valued at £1 3s lid from the Self Help Co-op.. Ltd., Colombo street, on June 19. The charge was adjourned for one week for sentence to be imposed. The woman, who was represented by Mr W. F. Brown, pleaded not guilty. NAME SUPPRESSED Upholding a submission by the accused’s counsel (Mr L. H. Moore) that justice oould be served only by suppression oi the accused's name, tne Magistrate suppressed the name of a woman who last week had been convicted of shoplifting The womtn had pleaded not guilty to a charge of stealing groceries, valued at 8s 4d. from Woolworths (N.Z.), Ltd., High street, on June 1. Mr Moore said the case was an exceptional one and that appearing in Court had been a very real punishment tor the accused. The Magistrate said he entirely agreed with the views that had been expressed by Mr E A. Lee, S M.. concerning suppression of names of women shoplifters He said that in the case before him there was a medical background, and he would allow the privilege of suppression of name. REMANDED * John David Gray, aged 22. was remanded on bail to July 26 on a charge of theft of three Licensing labels valued at Is 6d, between June 19 and July 18. James Henry Duncan, aged 42. was further remanded on bail to August 2 on a charge of theft of £lO9 while a servant of the New Zealand Foundation for the Blind. Ronald George Williams, aged 40. a manufacturer, also known as Kenneth Stokes, was remanded on bail to July 26 on a charge of theft of a suit valued at £24 on July 5. (Before Mr K. H. J. Headifen. S.M.I 11 CHARGES .Norman Leslie Fincham, aged 53. a workman (Mr A. Hearn>, was placed on probation for two years when he appeared for sentence on 11 charges of breaches of the Social Security Act Mr Hearn said the accused had obtained a job. and appeared to be doing well at it. The sentence was imposed on the first charge and on the others the accused was convicted and discharged. He was ordered to pay £8 towards the cost of the prosecution and make restitution to the Social Security Department of £53 9s over the two-year period. FORGERY Appearing for sentence on four charges of forgery. Thomas George watts aged 48. a workman (Mr L. M O’Reilly), was sentenced to six months imprisonment on one charge and convicted and discharged on the others. After an accident Watts had