Magistrate’s Court Effects Of Spray Paint Factor In Driving Case

Press, Volume CII, Issue 30220, 27 August 1963, Page 10

Magistrate’s Court Effects Of Spray Paint Factor In Driving Case

Holding that William John Gilmour, aged 50, a second-ary-school teacher, was incapable of driving his car on the evening of July 20 because of the toxic effects of spray painting added to the accused’s consumption of liquor. Mr A. P. Blair, S.M., in the Magistrate’s Court yesterday fined Gilmour £l5 and cancelled his driving licence for six months. Gilmour (Mr W. A. Wilson) pleaded not guilty to a charge a driving while under the influence of drink or drugs in Colombo street on July 20. On a charge of carelessly using a motor-vehicle, Gilmour wag convicted and discharged, and he was fined £2 for having no warrant of fitness. He pleaded guilty to the lesser offences.

Police gave evidence that the accused crossed Armagh street against the traffic lights, and when stopped showed signs of having consumed liquor. Dr. P. B. Maling said the accused would not submit to an examination. He considered the accused unfit to drive. He was restless, excitable, and argumentative, his speech was slurred, and his eyes inflamed.

In evidence the accused said he had helped a friend to spray a room with a plastic resin paint. He had not used a mask, and the room was not ventilated. He had had five beers, four vodkas, and a whisky with friends during the day and evening.

Dr. A. A. Cox, DeputyMedical Officer of Health in Christchurch, said that amylacetate and toluene, used in spray paints, would have toxic effects on a person spraying without a mask and without adequate room ventilation.

“The toxic effects of inhalation of these vapours would be similar to acute intoxication,” the witness said. The Magistrate said it had been established that the accused was incapable of driving at the time. Even although the paint vapour had accentuated the accused’s condition, he was still guilty of the offence. The Magistrate said he would impose a lesser penalty because of the special circumstances. FINED £125

Fines totalling £125 were imposed on a driver who appeared for sentence on three charges arising from an accident on May 2. Before the Court was Douglas Raymond Richards, aged 22 (Mr B. McClelland).

For failing to ascertain whether he had caused injury, Richards was fined £lOO, and he was prohibited from driving for two years. For dangerous driving causing injury he was fined £25, and was prohibited from driving for one year. For failing to stop he was convicted and discharged. The terms of prohibition from driving were made concurrent. Mr McClelland said that Richards, who had a good character, was ashamed of the offences. They had cost him his job and had been hanging over his head for several months.

The Magistrate said he would take into account Richairdis’s good record, and not send him to prison. THEFT AND BURGLARY John David Gray, aged 23. unemployed, pleaded guilty to changes of theft of a piano accordion, the property of Pamela Joyce Walker, on August 14. theft of £3 from Walker on August 13. and burgling a house in Waimea terrace on August 13. He was remanded in custody to August 30 for sentence.

Sergeant V. F. Townshend said the accused asked a woman for a loan of her piano accordion, valued at £B5, on the pretext of taking it to a party, but he sold the accordion to a secondhand dealer for £l5. THREE MONTHS’ GAOL A recommendation that Alfred Michael Bryan, aged 43, be deported to Australia was made by the Magistrate. He sentenced Bryan to three months’ gaol on a charge of theft of a transistor radio valued at £2l on August 8. The Magistrate said that ■■■■■■■■■ai

. Bryan had been living on his wits for the last two years and a half since coming to New Zealand. Mr R. G. Blunt, for the accused, submitted that the accused’s drinking had caused the offence. STOLE CLOTHING When police searched a room occupied by William George Scott, aged 32, a carpenter, they found panties. girdles. and other women's clothing, stolen earlier from a hotel, Sergeant Townshend said. Scott pleaded guilty to four charges of theft, involving goods of a value of £3B. Scott and Ray Harold Beckham, aged 19. a workman, pleaded guilty to a joint charge of theft of a transistor radio from a car., They were remanded on bail to August 30 for sentence. DRUNK AT POLICE STATION Allan Bede Holmes, aged 52, had seemingly put his head in the lion’s mouth when he called at the Central Police Station in a state of drunkenness to ask the address of a police sergeant who had recently left Christchurch. said Holmes’s counsel (Mr P. G. S. Penlington). Holmes pleaded guilty to changes of being found drunk in the foyer of the police station, and wilfully damaging a tie belonging to a constable, last Saturday even ing. He was fined £1 on the drunkenness charge and ordered to make restitution of 6s on the other charge. Mr Penlington said Holmes came from a well-known trotting family and had gone to the police station after drinking at the conclusion of a race meeting. When sober he was a law-abiding person. DISCHARGED Two soldiers had already been in an Army detention centre for the offences that brought them before the Court, Mr J. G. Hutchison said. Taking this into account, the Magistrate convicted and discharged Dennis Eric Angove, aged 19, and Bryce Alan Carson, aged 19, on three joint charges of theft of shotguns, ammunition and cigarettes at Oamaru on May 4. The two men pleaded guilty when they appeared before the Court three months ago. The case was then adjourned. DISORDERLY BEHAVIOUR David Lewis Wickins, aged 18, a machine operator, was fined £5 on a change of disorderly behaviour in the grounds of St. Theresa’s Hall, Puriri street, on August 23. He was fined £3 on a change of wilfully damaging a lawn in the grounds, and ordered to make restitution of £5. The accused pleaded guilty to both charges. ASSAULTED FEMALE Kenneth Tyson, aged 31. was convicted and discharged when he appeared for sentence on a charge of assaulting a female on August 7. He was represented by Mr R. G. Blunt? HARBOURED ESCAPERS Nicholas Albert Gay was fined £l6 when he appeared for sentence with his daughter on a joint charge of harbouring escapers from a child welfare institution between June 15 and June 21. His daughter, Ruth Gay, was convicted and ordered to come up for sentence within 12 months if called upon. SUSPENDED SENTENCE On a charge of being idle and disorderly in that she had insufficient means of support, Elizabeth Stew’art Thompson, aged 63, a widow, was convicted and ordered to come up for sentence within 12 months if called upon. “You will have to go back to Nelson, as you cannot go wandering around getting into trouble,” the Magistrate said. REMANDED Kere Waihape, aged 32, and Gordon Thomas Kelly, aged 26, were remanded in custody to September 2 on a joint charge of burglary on Aug- : ust 25. 1 Paul Uipo Veu, aged 29, was remanded on bail to I

September 2 on a charge of assault. Anthony Joseph Armstrong, aged 22, was remanded on i bail to September 2 on a , charge of carelessly using a . car on August 18. Fred Samuel Horsnell. . aged 58, was remanded on . bail to September 9 on a 1 charge of driving a motorvehicle while under the influence of drink or drugs on August 17. (Before Mr E. A. Lee, S.M.) FINED £2O Frederick William Sheridan, aged 24, a soldier, was fined £2O on a charge of attempting to drive a car on August 18 when under the influence of drink or drugs. His driver’s licence was cancelled for three years, and he was ordered to pay medical expenses of £3 3s and costs of £1 10s. Sheridan pleaded guilty. . Sheridan pleaded not guilty to a charge of wilful damage on August 18 to a plateglass door, valued at £lO, the property of Gloria Rosemary Lidstone. He was convicted and ordered to make restitution of £lO, and was ordered to pay witnesses’ expenses of £2 and costs of £1 10s. Mr W. A. Wilson appeared for Sheridan. Constable R S. Waldron said that when he went to a flat in Buckleys road at 12.30 a.m. Sheridan was excited and fairly intoxicated. The accused had said he had felt : like smashing the door because he was wild. Sheridan said he broke the door when he tripped over a wooden ledge and fell against the door. STOLE TOBACCO Hui Koon Shui, aged 23, was fined £3 on a charge of stealing tobacco, valued at 5s 7d, on August 11. He was appearing for sentence. Mr B. S. McLaughlin, who appeared for the accused, said that Shui took the tobacco on impulse and for spite. He had been in the country for only a short time but had saved £lOOO. Unwisely he took on a business. He did not do well, and the creditors took over the business and closed the shop. His purchase of a house was being investigated. Shui was under great emotional strain when the offence was committed. Everything seemed to be going against him. REMANDED Whereta Tainui, aged 17, was remanded to Sunnyside Hospital until September '2 on a charge of unlawfully getting into a car. Mr R. G. Blunt appeared for the accused. (Before Mr K. H. J. Headifen, S.M.) FINED £4 An 84-year-old woman suffered serious injury when she was struck by a car at the intersection of Bealey avenue and Manchester street about 7 p.m. on April‘2l, the Court was told. The driver of the car, Janice Margaret Bowker Wing, aged 21, a bank clerk, pleaded not guilty to a charge of negligent driving causing injury to Josephine Purcell. She was convicted and fined £4 after the charge was reduced to driving without due care and attention, i Agnes Purcell said in evidence her sister walked a few yards in front of her 1 from the north to the south ( side of Bealey avenue, skirting the median strip. She | did not see the accident. Brent. Ronald Nelson, a | high school student, said he wias in a truck stopped at the intersection when the accident happened. He saw Miss Josephine Purcell crossing the road. A car appeared, travelling west about 25 to 30 miles an hour, and then he saw Miss Purcell lying in the middle of the road. The defendant said in evidence that she became aware of something on her left. She saw an arm go up, and she braked. . The Magistrate said he found that it was a night of | poor visibility, in a poorlylit area. The defendant's driving showed no excessive speed or general disregard of her duty. But in areas like this there was a greater duty on motorists to exercise care. He was satisfied, he said, that Wing’s driving was reasonable and that there was no gross negligence. The person struck was difficult to see, and because of her age she