Magistrate’s Court Convicted Of Stabbing Woman With Intent

Press, Volume CIII, Issue 30499, 22 July 1964, Page 7

Magistrate’s Court Convicted Of Stabbing Woman With Intent

Errol James Kelly Yeates, aged 25, a soldier, was convicted in the Magistrate’s Court yesterday on a charge of injuring Anahere Lorraine Barrett with intent to cause her grievous bodily harm on June 1. Mr E. S. J. Crutchley, SM., remanded him on bail to Friday for sentence. Mr G. S. Brockett appeared for Yeates, and Sergeant S. W. Byers prosecuted.

The main defence brought forward was that of automatism, said the Magistrate, giving his reserved decision. There was also a defence that the accused was too intoxicated to form an intent. “In my view the accused was not so drunk that he was incapable of forming a specific intent,” he said. “I have to have regard for what the accused did that evening.” Yeates took a knife from a kit-bag in his bedroom, and was able to follow an argument in the next room about a shirt with lipstick marks on it. He was aware of that argument to the .extent that he could come in and defend himself against accusations of infidelity. Nor was it a case where there was one stabbing, said the Magistrate. Three wounds were inflicted, at least , two of them separately. Turning to the defence of automatism, the Magistrate said that he had not overlooked the fact that Barrett said that after the attack that Yeates seemed bewildered and sobbing. Witnesses also said that when the shirt was mentioned Yeates did not seem himself, and when he saw Barrett lying on the floor he asked, “What have you done to.her?”

“I have given the matter very anxious thought, and I am unable to accept that automatism has been shown,” said the Magistrate. Only after an argument with another soldier present did Yeates attack Barrett.

“I will say this at once: I am quite satisfied that the accused did something in a state of intoxication which he would never have done had he been sober.” But since neither automatism nor a sufficient degree of intoxication had been established, Yeates would have to be convicted.

(Before Mr E. A. Lee, S.M.)

“SUSPICIOUS ACTIONS” “His actions were extremely suspicious,” said the Magistrate in convicting and fining Henry Mathew Huntley, aged 23, a workman (Mr P. G. S. Penlington), £l5 on a charge that, being a reputed thief, he frequented Leyden street with felonious intent on May 31. Huntley was also fined £5 for stealing a driver’s licence between May 17 and 31.

“There is ample evidence that the accused had long enough to steal petrol,” said the Magistrate. “He was there long enough to establish felonious intent. His high speed away suggests his intention was to avoid capture.” The charges against Huntley were heard on Monday. REMANDED George Francis ‘Williams, aged 24, a panel beater, was remanded on bail until July 30 on charges of driving while disqualified and driving at a speed that might have been dangerous on July 20. DRIVERS FINED AND DISQUALIFIED On a charge of driving at a speed that might have been dangerous on May 22, Arthur Stuart Malcolm was fined £l2 and disqualified from holding a driver’s licence for a year. “Certainly, there were give-way signs in his favour, but the offence was committed during the school holidays,” said Traffic Sergeant J. McMorran. Malcolm drove a car over the Sherborne street-Canon street intersection at 53 miles an hour.

Charged with driving at a speed that might have been dangerous, David John Unwin, -a woodsman, was fined £l2 and disqualified from holding a driver’s licence for a year.

Traffic Sergeant McMorran said that Unwin drove a motor-cycle at 42 miles an hour along Milton street, turned into Barrington street and speeded up to 45 miles an hour, then cut a corner and to swerve sharply to avoid a collision with an oncoming car. DECISION RESERVED

The Magistrate reserved his decision on a charge against Brian Waterreus, aged 29, a driver, of operating an unsafely-loaded vehicle. Waterreus (Mr P. G. S. Penlington) pleaded not guilty. Traffic Officer B. Naisbitt said March 25 he went to the Evans Pass road at Sumner and found that 42 of the 68 bales of wool on a lorry had fallen on to the

road. The lorry was owned by John Brightling, Ltd., and the load, secured with ropes and wire hooks, was being carted from Christchurch to Lyttelton.

The defendant told him that part of the load fell off because soft bales were placed in the bottom tier.

Mr Penlington said that the lorry was loaded at the wool store in the normal way, with an employee from the wool store loading one side and Waterreus the other. It was not until the accident occurred that Waterreus realised that the employee had placed soft bales in the bottom tier. Waterreus had no knowledge that the load was unsafely secured, or, alternatively, could not reasonably have known that fact.

“The carrying of the bales would be a lawful act if the bales were safely loaded,” Mr Penlington said. “But if because of the act of a third party over whom Waterreus had no control that act was made unlawful, then Waterreus should be cleared of the charge.” To Traffic Sergeant McMorran, Waterreus said that there was not enough time to test each bale as it was being loaded, and the appearance of a bale did not show whether it was soft or hard. FALSE INFORMATION

John Coleman, aged 58, a painter, was convicted on a charge of supplying false information and of failing to stop at a stop sign on May 27, and was ordered to pay costs and fined £2 respectively. He pleaded not guilty to the first charge and guilty to the second. The defedant drove over the compusory stop on Simeon street at five miles an hour, said Traffic Officer C. Baldwin. He gave his brother’s name, address, and occupation, but later admitted his true Identity. “I gave my brother’s name because I am an Australian and in Australia you give the owner’s name when you are caught,” said the defendant. DROVE THROUGH LIGHTS On a charge of failing to comply with traffic lights, Kevin Arthur Mathews was fined £4. Mathews, who drove a truck through the lights at the Colombo street Gloucester street intersection, pleaded not guilty. Traffic Officer T. Laurier said that Mathews had plenty of time to stop when the lights changed to amber, but did not vary his speed and was in the intersection when the lights changed to red. The defendant said at the time that he did not think he could have stopped in time. CARELESS DRIVING On a charge of careless driving on April 17, Leslie Anderson was fined £6. He pleaded guilty. The accused struck a boat on a trailer behind a car in St. Asaph street, said Traffic Sergeant McMorran. Anderson parked his car and walked away, but called at the traffic department later. FINED £5 Simon Jacobus Kingma was fined £5 on a charge of overtaking another vehicle at a pedestrian crossing in Lincoln road on May 22. “I was travelling south in Lincoln road when I saw a pedestrian step on to the crossing,” said Traffic Officer L. Wilkinson. “I slowed down and was 20ft from the crossing when I was overtaken and another car passed in front of the pedestrian.” OTHER TRAFFIC CHARGES On other traffic charges brought by the Christchurch City Council traffic department, fines were imposed as follows:

Exceeding 30 miles an hour: Julian George Shuba, £6; Wayne Allan Parkhill, £3; Desmond Stannard Aitken, £5; John Donald Akins, £3; William Norman Betteridge, £3; Raymond Leonard Brown, £4; Mabel Alice Curwen, £3; Anthony Ralph De VauxDacre, £4; Maurice John Ireland, £2; Eric Leslie Early, £4: Alan George Gilbert, £5; John Good, £4; Ronald Goslin, £4; Eunice May Grant, £4; Frederic Brian lan Hague, £4; Christopher Hammond, £5; Peter David Harris, £4; Barry Norman Holland, £4; Bruce Hood, >£4; Peter Neil Hood, £4; Brian Henry James, £4; Graham Desmond Johnstone, £4; Ronald Kendall, £5; Josephus Johannes Lambermon, £4; James Beattie Lang, £4; James Thomas McCabe, £3; Sydney Albert McDowell, £4; Neil Campbell Malcolm, £4; Colin George Metcalfe, £4 (no safety helmet, £2): Frank Sydney Millward, £6 and to attend course of three lectures); Joan Francis Nicol, £4 (no driving licence, £2); Malcolm Norcliffe, £4; Eva Mary Olsen, £5; Neville John Paterson, £4; Vernon Francis

Payne, £3; Bruce David Peters, £4; Gregory Richard Rowlands, £2; Trevor Edward Sievers, £4: Paul Vivian Slade, £4 (no safety helmet, £2); Douglas Thomas Ogilvie Small, £2; Raymond Smith. £3; Derek James Staples, £4: Noel William Unwin, £4: Piere Walter Webber, £4; Laurence Edward Weir, £2. Failing to stop at stop sign: Albert Terence Prendeville, £3: Robert Cowell, £3; Ronald Edw-ard Gunn, £3: Molly Winifred Lane, £3; Wayne Philip Mauger, £3. No heavy-traffic licence: Canterbury Tractor Company, Ltd., £5; Quill, -Morris, Cowles, Ltd., £3; Port Carriers, Ltd., £5; Stanley Victor Drain, £2.

Failing to comply with traffic lights: Jan Vryenhoek. £10; Enid Pavelea, £3. No warrant of fitness: Leon Larsen, £1 (no safety chain, £5. not displaying registration plate, £1); Frederick Raymond Smith, £5; William Storey Bland, £1; Murray Halwyn Duder, £2; Malcolm Henry McLeod, £2. Parking offences: Maurice Damian Hurley, £5; Donald Kiel, £3; Frank Walmsley, £5. Failing to yield right of way: Ivan Posa, £7. Noisy vehicle: Alwin Bruce Platt, £5.

No safety chain coupled: Trevor Ernest Woodfield, £5. Failing to notify change of ownership: Patrick John Brosnahan, £l.

Registration plate improperly affixed: David Read, £2; Leslie James Taylor, £l.

(Before Mr K. H, J. Headifen, S.M.) CHARGE DISMISSED

A charge against William John Daniel McFaul, a photo dealer, of careless driving on May 10 was dismissed. .He pleaded not guilty, and was represented by Mr A. F. Wilding.

The charge arose out of a collision between a van driven by McFaul and a car driven by John Hardy Falconer, in Oram avenue, near Hood street, about 5.30 p.m. McFaul was making a right turn.

CIVIL CASES judgment summonses

The following orders were made on judgment summonses: E. F. McNlcholl. widow, Marine parade, to pay A. G. and H. F. R. Gamble. £B4 18s Bd, in default 86 days’ imprisonment, warrant suspended while 10s a week is paid; Thomas Gilmour Washbourne, labourer, Tuam street, to pay Nelson Tillmans, Ltd., £26 5s 5d 128 days or £1 a week): D. Cox. labourer, Cranford street, to pay Edgeware Road Service Station, Ltd., £lO 8s (12 days or £1 a week); K. Hanlfin, trading as City Electrical Company, Colombo street, to pay Bradley Brothers, Ltd., 15s (two days); T. Black, worker, Dobson street, to pay Wrights Washing Machine Sales and Service, £8 13s Id (10 days or £1 a week).

Ronald Gibbs, storeman, railway workshops, Addington, to pay G. F. Bland £2 2s 8d (three days); Joyce Walker, widow, Bamford street, to pay A. A. Glendinning £ll 14s lid (13 days or 10s a week); C. L. Sutton, worker, Keppel street, to pay Charles Begg and Company, Ltd., £7 7S 9d (nine days or £1 a week); Joyce McDonald, housewife, Kowhai terrace, to pay A. F. Hopkins £3 0s 6d (four days or £1 a week); D. A. Johnston, workman, Vardon crescent, to pay G. J. Roud and Son, Ltd.. £2 5s (three days).

V. A. Tualne, worker. Eureka street, to pay the Public Service Investment Society, Ltd., £l7 12s 3d (19 days or £1 a week); H. Roberts, stacker, King street, to pay Provincial Wrecking Company, Ltd., £2 16s (four days); G. Gardner, freezing worker, Middlepark road, to pay R. R. Smith £l7 6s lid (19 days or £1 a week); Charles Edward Fairbrother, driver, Marshall street, to pay C. and L. Russell, Ltd., £5 18s 9d (seven days or £1 a week); F. Jones worker, Brockham street, to pay Garth Roland Willis Ferguson £26 15s (29 days or fl a week). Patrick Michael Beadle, labourer. Beach road, to pay East Road Store and Service Station, Invercargill £8 17s 5d (10 days or 5s a week); Patrick Beadle, Beach road, to pay R. W. Goodall £4 15s (five days or 10s a week); P. Beadle. Beach road, to pay Julie Howard Gowns, Ltd., £2O 8s Ud (23 days or £1 a week); A. L. Pope, workman, Kendall avenue to pay Taierl Garage £l3 17s fid (15 days or £1 a week): Christopher Owen-Cooper, labourer, Broadfield, No. 4 R.D., to pay Empire Forwarding Company, Ltd., £4 8s (five days or 10s a week).

Christopher Owen • Cooper, Broadfield, ta pay J. Wensley £3 13s 3d (four days or 10s a week); Christopher OwenCooper to pay Rice Refrigeration. Ltd., £6 Os Id (seven days or 10s a week): Patrick M. Beadle, labourer, to pay H. Shuttleworth. Ltd., £25 7s 4d (27 days or 10s a week); O. C. Barnsley, married woman, Mathesons road, to pay Woman’s World, Ltd., £5 10s (six days or 10s a week).