Man Assaulted Police And Smashed Fittings

Press, Volume CIII, Issue 30534, 1 September 1964, Page 7

Man Assaulted Police And Smashed Fittings

George John Bryenton, aged 22, a workman (Mr R. L. Kerr), was convicted on four charges by Mr E. S. J. Crutchley, S.M., in the Magistrate’s Court yesterday and was remanded in custody until Thursday for sentence. The charges arose from incidents in the cells at the Magistrate’s Court and at the Central Police Station on July 9. Bryenton was convicted of assaulting two constables in the execution of their duty, wilfully damaging six plateglass windows, a light bulb and shade, a wall switch, a gas heater and a wooden seat, to the value of £29, the property I of the Department of Justice, ;and wilfully damaging a plate valued at 2s 6d. the property of the police. He pleaded not. guilty.

Constable G. E. Doyle said that when he was escorting Bryenton from the van to the cells at the Central Police Station at 1.7 p.m. Bryenton refused to go in a cell, became abusive, and spat in his face. He then went into the cell.

I Sergeant G. B. Riach said that he interviewed Bryenton lin the cell about the assault on Constable Doyle. The accused, who was eating his dinner, lost his temper, said. “This is what I think of your justice.” and threw the plate against the wall. Incident At Court At 3.30 p.m. he was in charge of the prisoners at the Magistrate’s Court when he heard a commotion in the cells, the witness said. There were sounds of breaking glass and shouting. He could get the cell door open only a few inches, and saw Bryenton with a piece of wood about 4ft long which had been broken from the back of a seat. He was smashing the light and windows. Bryenton took no notice when told to quieten down. Witness did not go in, as glass was flying everywhere. After the witness had tried to reason with Bryenton through the cell windows. Sergeant B. D. Read went into the cell and talked to Bryenton, who quietened down. Constable C. A. B. Drain said when Bryenton was brought to the station in the morning he refused to enter a cell and said: “I’m not an animal. I want something to sit on.” He told the accused he would be in the cell for only a short time. Bryenton went reluctantly into the cell. Suddenly he turned, punched at one of the constables, and kicked the witness between the legs. The witness said he required medical treatment.

To Mr Kerr the-witness said that Bryenton had been asked to go into the padded cell, which contained no furniture. He did not see anyone push the accused.

Doctor’s Evidence Dr. T. W. Harrison, senior medical officer at the Sunnyside Hospital, who was called by the defence, said that Bryenton was a patient at the hospital for six weeks. It seemed that Bryenton’s behaviour had caused concern from an early age. When he was 10 he was placed under the supervision of the Child Welfare Division. At the hospital Bryenton behaved well.; . There seemed two main; reasons why Bryenton had grown up lacking control of his aggressive impulses. The brain showed gross abnormal i features present in a good proportion of personalities which showed uncontrolled

aggressive behaviour. The other factor was that he had been brought up ill an emotionally unhealthy home environment. The witness said he thought that a good deal of the accused’s attitude towards persons in authority was inculcated by his parents’ attitudes. No psychotic tendences were disclosed. His intelligence was above average. “He is less able than the average person to exercise the necessary self-control to keep himself out of trouble.” the witness said. “His ideas of his rights don’t conform to the average person’s attitude. For example, if he feels he is being treated unfairly he thinks he is justified in taking the law into his own hands.” Bryenton seemed anxious to do something about his personality difficulties. Regular drug treatment would very likely be helpful. The witness said he did not think Bryenton could be suitably treated in a mental hospital. It would be impossible to certify him. “Charges Proved”

It was clear that the accused had an unfortunate defect, but that was not regarded as a defence at law, the Magistrate said. He could not hold that Bryenton had been acting in a state of automatism. The charges had been proved. The public had to be protected, but it would be to the benefit of society and Bryenton if he could receive the drug treatment. It was not very long ago that Bryenton broke the nose of an innocent motorist, the Magistrate said. He had spent almost six months in prison because of his last two assaults. He deserved to be sent back to prison, but that could be a mistake.

If Bryenton was dealt with leniently he could take it as a sign of weakness by the Court, and go on offending. The Magistrate said he would remand Bryenton until Thursday to give further consideration to the penalty.

Assault Charge Dismissed

A charge against George John Bryenton, aged 22, a workman (Mr R. L. Kerr), of assaulting a police officer in the execution of his duty on March 3, was dismissed by Mr E. S. J. Crutchley, S.M., in the Magistrate’s Court yesterday. The Magistrate said in a reserved decision that the swinging of an axe handle at Sergeant J. M. Phelan constituted an assault, but there was the question whether the police were in the execution of their duty. They did not have a warrant for Bryenton’s arrest, and when Bryenton told them to leave they did not do so, and were therefore trespassing. Bryenton had a right to ask the police to leave, he said.

The Magistrate said that he would dismiss the charge with the comment that it had been an excessive way to remove undesired persons from the property. Bryenton was' convicted on this charge in the Magistrate’s Court on April 9, and appealed to the Supreme Court. The case was sent back to the Magistrate’s Court for rehearing. It was reheard on July 9. and August 20.