Magistrate's Court Twelve Months’ Gaol For Attempted Sex Offence

Press, Volume CII, Issue 30206, 10 August 1963, Page 14

Magistrate's Court Twelve Months’ Gaol For Attempted Sex Offence

A sentence of 12 months’ imprisonment was imposed on a boarding-house proprietor, Lynleigh Edward Kiernan, aged 39 (Mr R, L. Kerr), when he appeared before Mr A. P. Blair, S.M., in the Magistrate’s Court yesterday charged with attempted sexual intercourse with a girl aged 15 years 11 months on June 21. Kiernan was appearing for sentence. Mr Kerr said Kiernan had traversed nearly every offence in the criminal code, but at the time of the offence in question he was in the middle of “an alcoholic binge.” He submitted the offence was caused by Kiernan’s alcoholism and a certain amount of waywardness on the part of the girl concerned.

He suggested ■ the Court might consider placing Kiernan in an institution where he could have treatment to help overcome his alcoholism.

“In the last 20 years the State has spent thousands of pounds and many man-hours trying to help you," the Magistrate told Kiernan. “It appears this has been very largely wasted.” He said Kiernan would be able to apply to the prison authorities for treatment for his alcoholism. NINE MONTHS’ GAOL

Nine months’ gaol was imposed on Stanley Lawrence Anderson, aged 22, a painrter, when he appeared for sentence on a charge of burglary on June 25. Anderson (Mr J. H. M. Dawson) pleaded guilty to the charge last week. Mr Dawson said that his client deeply regretted the offence. BURGLARY ADMITTED

The pattern of the soles on the shoes worn by Roger James Marsland when he was interviewed regarding the burglary of the Little River Butchery was the same as imprints left in and around the shop, said Detective-Sergeant P. J. O'Donovan. Marsland. aged 23. a workman, pleaded guilty to a charge of burglary of the butchery on or about August 5 and was convicted and remanded in custody until August 16 for sentence. Detective-Sergeant O’Donovan said entry to the shop had been gained by forcing a rear door. A cash register containing £57 was taken. FINED £5 Phillip Charles Richard Hock, aged 58 (Mr N. P. Williamson). was fined £5 when he pleaded guilty to a charge of theft of £1 7s 6d on August 5 He was ordered to make restitution of 10s 3d. Detective-Sergeant O'Donovan said Hock had taken the money from a desk in a doctor's reception room. He had previous convictions. The Magistrate said he would treat Hock as a war casualty and would exercise leniency. He warned Hock against further offences. ATTEMPTED ASSAULT Louis Frederick Arps, aged 53, a skilled labourer, was remanded on bail to August 16 for a report, and sentence when

he pleaded guilty to a charge of attempted Indecent assault on a girl aged 15. OBSCENE LANGUAGE Thomas Henry Brown, aged 17. an apprentice, was fined £l2 when he pleaded guilty to a charge of using obscene language in Ferry road. PROBATION Vivian Tuahine, aged 17, a factory worker, was placed on probation for a year when she appeared for sentence on a charge of theft of gramophone records valued at £4 12s 6d on August 1. For the accused, Mr W. A. Wilson said she was a very ashamed and distressed little girl. OFFENSIVE MATTER Neville Gordon Clark, a cook, was fined £5 on a charge of spilling offensive matter in High street on July 8. He did not appear. TRIAL BY JURY Eric Ronald Alphonsus Gilligan-Kingsley! aged 22, a workman, was remanded on bail to August 16 after he had elected trial by jury on a charge of burglary of a building in Colombo street on June 5. and a charge of receiving goods to the value of £5 on the same date. GilliganKingsley was not represented by counsel. FORGERY Roger George Allen, aged 23. pleaded guilty to a charge of forgery at Napier on June 19 and was sentenced to nine months’ Imprisonment, to be concurrent with a sentence he is already serving. Detective-Sergeant O’Donovan said the charge involved a cheque for £179 16s lOd. which Alden had forged and cashed at Napier. STOLE 902 STAMPS Pleading guilty to a charge of stealing 902 stamps, the property of the New Zealand Post Office, on May 23. James Neville Manson, aged 26. a carpenter (Mr R. S. D. Twyneham). was discharged without conviction under Section 42 of the Criminal Justice Act. Detective-Sergeant O'Donovan said that at 8.30 p.m. on May 25 the accused and another man learnt that a stamp machine at the Waterloo Road Post Office. Ixxwer Hutt, had been damaged They went to the post office and took turns at removing stamps from the machine. AJ! the stamps had been recovered. Mr Twyneham said the accused profoundly regretted the offence. He realised he had been a silly young fool. CARELESS DRIVING

A charge of driving without due care and attention against Paul Dominic Lindsay, aged 15 (Mr M. J. Glue), was continued when he appeared yesterday. The case had been adjourned part-heard from Thursday, when Lindsay had pleaded not guilty. Lindsay was convicted and ordered to pay costs and witnesses’ expenses of £lO. and his driver’s licence was cancelled for one year and endorsed for three years.

The charge arose from an accident at the intersection of Ferry road and Richardson terrace. The Magistrate said it seemed inescapable that the real cause of the accident was defendant's excessive speed in the circumstances. FINED £3 A fine of £3 was Imposed on Hugh Douglas Mac Kay Annett. aged 42. a tile-worker, on a charge of being a prohibited person on licensed premises on July 5. Annett did not appear. BORSTAL A sentence of Borstal training was imposed on Nancy Margurita Petherick. aged 17. when she appeared for sentence on a charge of theft of three brassieres valued at £2 4s lid and two cardigans valued at £5 ■ 19s lOd on July 23. The Magistrate said Borstal training would give Petherick the best chance of changing her way of life and learning some stability. FIREARM BREACHES Pleading guilty to charges of delivering a rifle to a person not holding a permit and procuring a rifle without a permit Rangf George Downes, aged 22. a storeman, was convicted and fined £1 on the first charge and convicted and discharged on the other. Mr T. Wi Rutene, who appeared for the defendant, said the breaches were technical ones. REMANDED James Henry Duncan, aged 42, a civil servant, was further remanded on bail until August 16 on a charge of theft as a servant of £174 from the New Zealand Foundation for the Blind between January 23 and March 31.

Jointly charged with burglary of the office at the Central Hotel on August 8. Alfred Michael Bryan, aged 43, and Gordon Thomas Fox, aged 28. were each remanded until August 16.

Bryan was also remanded until August 16 on a charge of theft of a transistor radio on August 2. Fox was allowed bail. Bryan was remanded in custody. On a charge of unlawfully Jetting into a motor-vehicle on une 9. a youth, whose name was suppressed, was remanded on bail until August 23. John Joseph Hill, aged 22, a workman, was remanded on bail until August 16 on a charge of burglary on July 24. John David Gray was remanded on bail to August 16 when he pleaded not guilty to a charge of theft of licensing labels valued at Is 6d, between June 19 and July 18. Gray was remanded to the same date on a charge of converting a car valued at £BO at Ealing on April 24. On this charge he elected trial by jury. (Before Mr E. A. Lee, S.M.) DETENTION

John Wayne Gallacher, aged 19 (Mr W. A Wilson) was sent to a detention centre when he appeared for sentence on a charge of driving while disqualified. He was convicted and discharged on a charge of having no warrant of fitness.

MONTH’S GAOL A prison sentence of one month was imposed on John William Tredinnick, aged . 28. after he was convicted of a charge of obtaining £3 13s 6d credit by fraud from the licensee of the Royal Hotel on August 4. A sentence of one month, to be served concurrently, was also Imposed on a charge of being idle and disorderly at Timaru on July 22. Tredinnick was originally given a suspended sentence on this charge. Robert Clarence Cotton, licensee of the hotel, said Tredinnick booked into the hotel under the name J. Ballin. He asked for a loan of £lO. and was refused, and he tried to borrow money in the bars.

TRIAL ELECTED After electing trial by Jury, Robert Mervyn Hills, aged 23. was reminded In custody for one week on a charge of theft of a coffee percolator from the Flamingo restaurant In April. DEALER FINED

A New Brighton second-hand dealer. Ronald Hugh Pike Thew. aged 42 (Mr A. K. Archer), was convicted and fined £3 for failing t» record a transaction on June 4. LICENSING CHARGES

Until the new licensing laws were known better there were bound to be some genuine cases of misfortune, the Magistrate said convicting four men. A licensee. Brian Leon Watson. pleaded guilty to a charge of supplying liquor after hours, and Herbert Martin Blazey. Joseph Ronald Bryan, and Warren John King Hart each pleaded not guilty to a charge of being on hotel premises after hours.

Blazev and Bryan were each convicted and ordered to pay costs. Hart was convicted and discharged, and Watson was convicted and fined £5.

Bryan did not appear. Hart and Blazey both admitted being on the premises aft« r hours.

Hart, a commercial pilot, said he was invited there in return for taking Watson on an aircraft flight. He had several beers.

Blazey. a retired builder, said he went there at Watson's invitation to look at some renovations. He had nothing to drink.

Bryan had also been invited there. Mr Brown said. ”1 have no reason to doubt the bona tides of the defendants or their explanation." the Magistrate said. "I think that it would be setting a precedent to invoke a discharge under Section 42 of the Criminal Justice Act.” he told Mr Brown. (Before Mr E. S. J. Crutchley, S.M.) DETENTION CENTRE A term at the detention centre was Imposed on Marcus James Wyatt aged 17. a butcher (Mr R G. Blunt), when he appeared for sentence on seven theft charges. Wyatt appeared for sentence on six charges of theft from dance halls and parked cars, and a charge of theft of a bicycle. The value of the articles involved was £6l 7s 6d. Mr Blunt said a term at the detention centre was the sentence hoped for both by the boy’s father and the boy himself The Magistrate warned Wyatt he would not get a second chance at the centre. (Before Mr K. H. J. Headlfen. S.M.) RECEIVING Appearing for sentence on a charge of receiving stolen goods on June 16. Arnold Alexander Turnbull, a barman, aged 41 (Mr A. Hearn), was fined £3O It was a stupid action which was more foolish than criminal, said the Magistrate. PROBATION

Rex Malcolm Weir (Mr G. Lascelles), a 17-y ear-old electroplater. was placed on probation for 18 months and ordered to pay £5 towards the cost of prosecution when he appeared for sentence on two charges of stealing bicycles on July 30.

BURGLARY Mary Rhoda Johnson, aged 51. unemployed (Mr L. H. Moore), was convicted of burglary on July 6 and ordered to come up for sentence If called upon within six months. She was also ordered to pay £5 toward the cost of prosecutipn. Johnson said she was destitute. The property was that of her dead fiance, Henry Jones, and she thought she had a right to It She had gone to his room for sentimental reasons and had got carried away. The Magistrate said it followed that Johnson had formed the intention to take something when she broke in. She had been warned against taking any property. THEFT OF BICYCLES

Clifford Frederick Warr. 18. a workman, was convicted and discharged on a charge of stealing a driver's licence in Wellington on June 21. when he appeared for sentence. On two further charges of the theft of two bicycles on July 30. he was placed on probation for 18 months and ordered to pay £5 towards the cost of prosecution.