MAGISTRATE’S COURT Nine Months’ Imprisonment For £1634 Theft

Press, Volume CIII, Issue 30531, 28 August 1964, Page 7

MAGISTRATE’S COURT Nine Months’ Imprisonment For £1634 Theft

Nine months' imprisonment was imposed on Arthur Kitchener Hopa. aged 64. a clerk (Mr B. J. Drake), when he anoeared before Mr E. A. Lee, S.M., in the Magistrate’s Court yesterday for sentence on 63 charges of theft as a servant of £1634 4s 4d from the Inland Revenue Department. Mr Drake said that until Apn 1. 1963, when Hopa started on his own initiative to claim refunds, manv of which were not justified. Hopa had a blameless record and led a useful life. A wide variety of persons spoke very highly of Hopa.

Mr Drake said he appreciated the difficulty of deciding on an appropriate penalty for a man of Hopa's age, record and health. Hopa was probably inflicting more punishment on himself than any court could do. He would feel ashamed for the rest of his life.

“I am very conscious of the responsibility that is imposed on the Court in finding a proper sentence for a person who has led a useful and constructive life until the offences were committed,” the Magistrate said. “I can well understand the feeling of disgrace and regret experienced by the accused. But my duty is not only to punish you but to deter other persons in positions of trust who might be tempted to commit this type of offence. The offences were committed over a long period for personal gain, and a term of imprisonment is inescapable,” the Magistrate said. STOLE CLUB FUNDS The accused, a wardsmaid at the Burwood Hospital, regularly collected money from fellow employees who had formed a Christmas club, but kept it instead of paying it into a Post Office Savings Bank account, Detective Sergeant E. T. Mitten said. Charged with theft by misappropriation of £2OO 16s between January 22 and June 24, Noeline Pearl Martin, aged 28, a housewife (Mr R. G. Blunt), pleaded guilty. She was remanded on bail to September 3 for sentence. Detective Sergeant Mitten said that when Martin was interviewed by the police she admitted that she had spent all the money on her household. Restitution of £lB9 3s 9d. which represented the £2OO 16s 6d defrauded less Martin’s own contributions, was sought. Martin was married, with seven children, and was expecting an eighth. The Magistrate refused to suppress Martin’s name. established lottery Patrick Denis Canovan, aged a retired workman, was fined £5O when he pleaded guilty to establishing a lottery on August 1. Detective Sergeant Mitten said the accused was found running the lottery in a hotel. He had been raffling beer and poultry, and had received £23 ins lOd from the sale of tickets. Canovan, who was receiving a sickness benefit, said he had been running the raffles to make some money on the side. He had previous convictions, including one for a similar offence. Detective Sergeant Mitten said. UNLAWFULLY ON SHIP “This case is not really different from that of many women who are prepared to go to bed with seamen. You were unfortunate that you were caught. Your conduct is certain to lead to tragedy if you persist in it,” the Magistrate said to a girl, whose name was suppressed. when she appeared for sentence on a charge of being unlawfully on the Fijian Trader on August 20.

The accused was admitted to probation for 18 months, and

was ordered not to go on board a ship without the consent of the probation officer. Mr M. J. Glue, for the accused, said that this was different from the usual offence. The accused was invited to a party on board by the chief steward, and had too much to drink. SHOPLIFTING Joan Turner, a housewife, pleaded guilty to stealing a pair of children's shoes valued at £1 9s 9d from the Wairakei road shop of the New Zealand Farmers’ Co-operative Association of Canterbury, Ltd., on July 30, and was remanded on bail to September 3 for sentence. DEFRAUDED DEPARTMENT The accused was overpaid a widow’s benefit by the Social Security Department by £312 because of false statements, said Dectective Sergeant Mitten when Mina Elizabeth Mary Beck, aged 53. a factory worker, pleaded guilty to six charges of breaches of the Social Security Act. She was remanded on bail to September 3 for sentence. Beck had received wages but had declared her Income as nil, Detective Sergeant Mitten said. The charges went as far back as 1957. Her only explanation was that she was financially embarrassed. Restitution was requested. Beck had no previous convictions. DROVE UNDER INFLUENCE Charged with driving under the influence of drink or drugs on the Main North road on August 8, Jack Loval Veitch, aged 55. a carpenter (Mr G. R. Lascelles), pleaded guilty, and was convicted and fined £4O, and his licence was cancelled for three years. IDLE AND DISORDERLY Roy Miller, aged 42, a fisherman, pleaded guilty to being idle and disorderly in that he had insufficient lawful means of support, and was remanded in custody to September 3 for sentence. Detective Sergeant Mitten said that Miller had admitted that he had not worked for four weeks, and his money had run out a week before. He had slept out for four night while walking from Timaru to Christchurch. Spent a night at the Christchurch Salvation Army hostel, and the next two nights at the home of an acquaintance. He left there because he did not want to overstay his welcome.

Miller told the police that he had looked for work in Christchurch, but even if he got work the Inland Revenue Department would claim 50 per cent of his earnings in payment of taxation arrears, Detective Sergeant Mitten said. WILFUL DAMAGE Charged with wilful damage of turf on Radley Park on August 2, Keith George Stanley Scott, aged IS, an apprentice electrical fitter (Mr A. N. J. Milne), pleaded not guilty. He was convicted and fined £6, and ordered to make restitution of £l5 and to pay witnesses’ expenses of £2. Constable F. French said that he saw Scott driving his car around the park, gouging deep ruts in the turf. Scott had been testing his brakes. In defence, Scott said he did not know the area was a park. SHOPLIFTER FINED Charged with stealing goods valued at 16s 4d, the property of Woolworths, Ltd., Riccarton, on July 24, Harry England Rickard. aged 61, an engineer, pleaded guilty, and was convicted and fined £lO and ordered to pay witnesses’ expenses of £3. Detective Sergeant Mitten said that the only excuse Rickard could offer was that he had his teeth out that day, and was feeling rather drugged. STOLE COAL Edward Winiata, aged 29, a factory worker, was fined £l2 on a charge of stealing three bags of coal valued at £1 14s 3d. the property of Russell Joseph Burton. He pleaded guilty. Detective Sergeant Mitten said on Sunday, August 23, a man offered Winiata three bags of coal for £l. He went with the man to a coalyard at 6 p.m., and three bags of coal were loaded into his van. The other man had not been found. FALSE PRETENCES Appearing for sentence on two charges of false pretences involving £35 on July 2, Derek Randall Fisher, aged 33, a pastrycook (Mr R. G. Blunt), was ordered to pay £25 towards the cost of the prosecution and to make restitution of £35.

The Magistrate said that he was tempted to send the accused to prison for a long time, as the offences were committed while he Was on probation. The one thing that kept Fisher out of prison was

the fact that his employer was apparently prepared to continue to employ him. CHARGE DISMISSED A charge against John Anthony Kearney, aged 21, a gardener (Mr R. L. Kerr), of theft on August 12 of a woman s handbag valued at ss, the property of persons unknown, was dismissed. Kearney pleaded not guilty. The Magistrate said that it was the duty of the finder of an article to return it to its owner. The accused acted in an extremely suspicious manner, but as he found the purse abandoned it was not theft. PROBATION A woman, whose name was suppressed, was released on probation for 18 months when she appeared for sentence on a charge of theft of £1 5s 5d on July 31. Mr R. G. Blunt appeared for the accused. FINED £lO A woman, whose name was suppressed (Mr R. G. Blunt), was fined £lO, and an order was made for the return of the property, W’hen she appeared for sentence on a charge of theft of 18s 4d on August 8. PROBATION Two girls, whose names were suppressed, were released on probation for 18 months, with the condition that neither associates with the other, when they appeared for sentence on a charge of being idle and disorderly on June 20. FALSE PRETENCES A man, whose name was suppressed, was remanded .on bail to September 3 for sentence when he appeared on a charge of false pretences involving £331 at Invercargill on June 3. The accused, who had pleaded guilty, was represented by Mr D. H. Stringer. SHOOTERS CONVICTED Arthur Albert Peterson, a storekeeper, and Stanley Lockhead Childs, a farmeri were convicted, in a reserved decision, of shooting at ducks not in flight at Killinchy on May 3. The penalty will be imposed this morning. A charge against Peterson that during an open season he killed ducks on a place on which he knew barley had been cast during an open season was dismissed.

The defendants pleaded not guilty to all charges, which were heard on August 6 and 10. Mr J. G. Leggat appeared for the North Canterbury Acclimatisation Society, Mr W. F. Brown for Peterson, and Mr P. H. T. Alpers for Childs. Convicting on the charges of shooting at ducks not in flight, the Magistrate said that the evidence of the rangers and that of the defendants was very much in conflict, and he felt that both charges stood or fell on the view he took of the credibility of the witnesses for both sides. REMANDED

Lewis Arthur Wing, aged 49, a laboratory assistant, was remanded on bail to October 1 on a charge of indecent assault of a girl aged five bn August 9. Colin Frederick MacDonald, aged 34, a cleaner, was remanded on bail to September 3 on a charge of using obscene language in Holly road ■ on August 27. Ronald James Thornton, aged 28, a workman, was remanded to October 22 on a charge of false pretences involving £5. Stephen Tivadar Radnoty, aged 33, a nurse, was remanded on bail to September 3 on a charge of driving under the Influence of drink or drugs in Colombo street on August 15. Frederick Maxwell Singer, aged 47, a social security beneficiary, was remanded on bail to September 3 on a charge of using insulting language in the Palm Grove coffee lounge on August 19. James William Mawdsley, aged 26, a carpenter, was remanded to September 9 on a charge of breaking and entering the bottle store of Ballins Industries, Byron street, on May 30. with intent to commit a crime. The police opposed bail, but It was granted on condition that the sureties are to be approved by the police. Bail was set at £2OO, with two sureties of £2OO, and Mawdsley was ordered to report daily to the police. Francis Quigley, aged 24, a shearer, Spencer Johnstone Quigley, aged 19, a farmhand, Charles Ernest Richard Bowen, aged 18, a farmhand, and John Rawson, aged 39, a w’orkman, were remanded on bail to September 3 on charges of attempted unlawful sexual intercourse with a girl under the age of 16 at Doyleston. Pauline Margaret Park, aged 29, a domestic, Was remanded on bail to September 30 on five charges of obtaining goods by false pretences. She elected trial by jury. On charges of assaulting the police on July 9 and on August 20 and wilful damage amounting to £29 2s 6d on July 9, George John Bryenton. aged 21. a workman (Mr R. L. Kerr), was remanded in custody to August 31. 1

On charges of assaulting the police on July 9 and on August 20 and wilful damage amounting to £29 2s 6d on July 9. George John Bryenton, aged 21, a workman (Mr R. L. Kerr), was remanded in custody to August 31. Cnarged with receiving stolen cigarettes valued at £1 7s 6d on June 3, Colin Malcolm Hardaker, aged 25, a workman, was remanded on ball to September 3.

On a charge of theft of £l5, from Matthew Lygate at Waiau on August 20, Reginald Tawaka. aged 20, workman, pleaded guilty, and was remanded .in custody to September 3. Charged with being idle and disorderly in that she had insufficient lawful means of support on August 27, a girl, whose name Was suppressed, was remanded on bail to September 3. (Before Mr W. M. Willis, S.M.) DROVE UNDER INFLUENCE Malcolm Kenneth Whall, aged 41. a watersider (Mr J. H. Gebbie), pleaded not guilty to charges of driving under the influence of drink or drugs and careless use of a vehicle. He was convicted of driving under the influence, fined £4O, and disqualified from driving for three years. On the charge of careless use he was convicted and discharged. Traffic Officer J. B. Middleton said he saw Whall’s car' weaving on the main highway near Kaiapoi on the evening of July 25. He was travelling 36 miles an hour in a 30 miles an hour area, and soon afterwards he veered to the wrong side of the road and travelled at 47 miles an hour for about 50 yards before being stopped. Dr. J. S'. Wilson said he examined Whall and found him unfit to drive.

Whall sqid that at 2.30 p.m. he went to a hotel at Kaiapoi and drank two soz glasses of beer. After a quarter of an hour he went to the Kaiapoi Working Men’s Club, where, until 5 p.m., he drank a jug of beer and two whiskies. He then returned to the Hotel and drank about five more soz glasses of beer. lan Gough, a watersider, said he was with Whall, and did not. consider him intoxicated. “I don’t think he really knows how much he had to drink,” said the Magistrate. “On his own information, he had too much.” SHOPLIFTING “Quite frankly, I do not accept his story that he did this in a moment of forgetfulness,” said the Magistrate when Alfred William Targuse, aged 49, a labourer, appeared on a charge of stealing a tin of Irish stew valued at 3s from Hay’s Supermarket, Sydenham. Targuse (Mr S. G. Erber), who pleaded not guilty, was convicted and fined £5. The Magistrate refused an application for suppression of name. Maurice Duggan, an employee at Hay’s Supermarket, said that on the evening of July 24 he saw Targuse pick up a tin of stew and later put it in his coat pocket. At the check point he paid for some ham, but not for the tin of stew’. There was no evidence that Targuse intended to steal the tin, submitted Mr Erber. He was on a war pension for head injuries, and seemed to be forgetful. TRESPASSING “I agree entirely that this was a domestic occasion,” said the Magistrate when a man, whose name was suppressed, appeared on a charge of wilful trespass. The accused, who was represented by Mr B. J. Drake, pleaded not guilty. He was convicted and ordered to come up for sentence within 12 months If called upon. The Magistrate said he made this decision because he thought it would assist the circumstances between the man and his wife. DOG STRAYED

Charged with allowing a dog to stray on July 16, Joseph Williams was convicted and fined £3. He did not appear. (Before Mr K. H. J. Headifen, S.M.) CHARGE DISMISSED

A charge of driving under the influence of drink or drugs, against Alfred Edward Bryant, aged 50, a foreman panel-beater, was dismissed. Bryant (Mr M. J. Glue) pleaded not guilty. Evidence was given that Bryant was involved in a collision with a car driven by Moki Martin at the intersection of Manchester and St. Asaph streets at 8.45 p.m. on August 1. The Magistrate said the accident appeared to have been caused by the other party. Neither of the civilian prosecution witnesses referred to Bryant as being unfit to drive because of liquor, two constables thought he was unfit to drive, one thought he was a borderline case, and the police doctor, who saw Bryant 45 minutes after his arrest, thought he was fit to drive.

There was some conflict in the prosecution evidence, said the Magistrate. It would not be safe to convict, although he was satisfied Bryant had had some liq u or.