Magistrate’s Court Warning Of Heavier Penalties For Burglary

Press, Volume CIII, Issue 30561, 2 October 1964, Page 8

Magistrate’s Court Warning Of Heavier Penalties For Burglary

Burglary in Christchurch had become far too prevalent, and the sentences would have to be increased, said Mr K. H. J. Headifen, S.M., in the Magistrate’s Court yesterday when he sentenced Harold Maurice James Smither, aged 41, to 18 months’ imprisonment. Smither (Mr M. G. L. Loughnan) was appearing for sentence for burgling the Theatre Royal between August 19 and 22, and also for stealing £4 on August 20. Smither was sentenced to three months’ concurrent imprisonment for the theft.. Mr Loughnan submitted that Smither was neither a dangerous nor cunning criminal,- and could be a good worker when the occasion arose. The Magistrate warned Smither that he was liable to preventive detention, and that if he appeared before him again this course would almost certainly be recommended. SIX MONTHS’ GAOL Harry George Newey, aged 56, unemployed, appeared for sentence for false pretences and obtaining credit by fraud. He was sentenced to six months’ concurrent imprisonment on each count. “You are a man who can do much better,” said the Magistrate. It was 10 years since Newey had previously committed false pretences, and he had a good working record. BANKRUPT’S OFFENCES Richard Clyde Harvey, aged 35, a farm labourer (Mr R. L. Kerr), pleaded guilty to three charges of obtaining credit without disclosing that he was an undischarged bankrupt. He was convicted and sentenced to two years’ probation.

The Court was told that on three occasions Harvey borrowed sums of £lOO to finance his potato-growing business, though he had been a bankrupt since 1955. Mr Kerr said that Harvey had no ability in financial matters and had spent three years in a mental hospital. He was still being treated for mental illness. FINED £lO “You have now reached the peculiar stage where you have decided you are not going to work but be kept at the taxpayers’ expense in prison,” said the Magistrate when he sentenced Thomas Shearer, aged 43, a workman, on a charge of being idle and disorderly in that.'he had insufficient lawful means of support on September 23. “I should impose another prison sentence, but I am not going to allow you to live at the expense of your fellow citizens. You are at present fit and able to work;” the Magistrate told Shearer. He imposed a fine of £lO. PROBATION “You are heading for Borstal pretty smartly,” the Magistrate told Kirsten Joseph

Smith, aged 18, a workman, when he appeared for sentence on charges of theft and unlawfully taking a bicycle. Smith was placed on probation for 18 months. BORSTAL TRAINING Graham Reginald Jessett, aged 17, a workman, appeared for sentence on a charge of theft. He was sentenced to Borstal training. The Magistrate said he had considered whether to send Jessett to a detention centre, but the probation officer's report showed that he needed further training. FINED £l5 A youth, whose name was suppressed,. appeared for sentence on a charge of.having unlawful sexual intercourse with a girl aged 13. He was convicted and fined £l5. He was represented by Mr A. Hearn.

The Magistrate ordered suppression of the youth’s name in view of his “excellent” record and marital status. SHOPLIFTING Saying that the case was quite different from the usual ones of its kind, the Magistrate suppressed the name of a woman who pleaded guilty to a charge of stealing goods valued at £4 9s 3d from Woolworths (N.Z.) Ltd., Riccarton, on September 4. A fine of £5 was imposed. The woman was represented by Mr J. G. Leggat. TUNNEL OFFENCES In prosecutions brought by the Christchurch-Lyttelton Road Tunnel Authority, convictions were entered and fines imposed as follows: Attempting to turn in tunnel: James Edwin Kelly, £4; Selwyn David McNicholl, £6. Overtaking in tunnel: John McGarvin Mcllwraith, £3; Michael Francis Mora, £5. OPENED SHOP For opening the Supreme Food Market, Hoon Hay road, on Saturday, August 22, with non-exempted goods displayed, Albert Windsor and Brian Philbrick were fined £5. NO RADIO LICENCE The following fines were imposed for having no radio licence: John Alexander Bowry, ■ £3; June Patricia Clarkson, £3; C. Cooper, £3; M. Francis Har- ' greaves, £4: I. H. Jewell, £4; • L. Lloyd, £4; Ralph Linsay . Snell, £4; Dennis Daniel Watson, I £3 - (Before Mr E. S. J. Crutchley, S.M.) FALSE PRETENCES ! The accused, who claimed he • was not working because of . sickness, obtained £52 from the Social Security Department by ■ false pretences, Sergeant B; D. ’ Read said when Peter Patrick > Quinn, aged 49, an unemployed barman, pleaded guilty to 10 » charges of false pretences at 1 Palmerston North, Stoke, Motu- . eka, and Riwaka. Quinn was . remanded on bail to October 8 for sentence. DISORDERLY BEHAVIOUR A youth, whose name was r suppressed, pleaded guilty to t charges of disorderly behavt lour, purchasing liquor when a minor, leaving an obstruction ' in Harewood road by removing t a manhole cover, and wilfu s damage of a plate-glass window, railway warning lights, and letter-boxes. He was convicted and remanded on bail for sentence on October 8. The accused admitted taking '- part with two others in the a series of offences, and said he . was under the Influence oi _ liquor at the time. Sergeant S. W. Byers said. RECEIVING Colin Malcolm Hardaker, aged 25, a workman, was convicted and fined £7 10s on a charge ol receiving cigarettes valued al £1 7s 6d from Robert William Mawdsley when he knew thej had' been stolen. Hardaker who pleaded not guilty, was represented by Mr. M. J. Glue. Imposing the fine, the Magi strate said there was no sug gestion that Hardaker was concerned in the original theft

FALSE PRETENCES Russell Ivan Downey, aged 29, a painter (Mr S. G. Erber), pleaded guilty to a charge of false pretences, and was convicted and remanded on bail until October 8 for sentence. Sergeant Byers said that after opening a bank account with £3 on September 3, Downey bought a cat on hire purchase, writing a cheque for £162 as a deposit. He then took the car to another car-sales yard and sold it for £250. The cheque he received for this amount he paid into his account, and the next day drew £2OO from the account. ATTEMPTED MURDER ' CHARGE Charged with attempting to murder Lydia Daphne king on August 24, Thomas Percy King, aged 58, a watersider (Mr P. G. S. Penlington), was remanded until October 7 for. the taking of depositions. Bail was refused. THEFT OF RING . Pleading guilty to a .charge of theft of a diamond engagement ring valued at £3O on August 10, Mignone Aileen Young, aged 18 (Mr L. M. O’Reilly), was convicted and remanded on bail until October 8 for sentence. Sergeant Byers said that the accused, and two youths visited a flat, in Tuam street. Later one of the youths entered an adjourning flat and returned with an engagement ring. The accused took the ring and sold it for £5. She had previous convictions. STOLE BICYCLE A man, whose name was surpressed, was convicted and remanded on bail until October 8 for sentence after he had pleaded guilty to two charges of stealing bicycles. Sergeant Byers said that the accused sold the bicycles to a dealer immediately after he had stolen them. Mr J. H. Gebbie represented the accused. PROBATION BREACHES Rosemary Adelaide Norton, aged 17, a waitress, was convicted and fined £5 on a charge of breach of probation in that she failed to report as directed. On a similar charge, Maureen Tisdall,. aged 17, a factory worker, was convicted and the period of probation was extended one year. BURGLARY ADMITTED Barry Walter Oliver, aged 22. a motor mechanic, was remanded in custody to October 8 on a charge of breaking and entering the premises of Trafalgar Hardware, Ltd., Queen street, Auckland, on September 23. He pleaded guilty. Sergeant Byers said that Oliver took articles valued at £74 17s 3d and caused £2 worth of damage. Some of the goods had been recovered. Restitution of £53 7s 6d was requested. STOLE MONEY Pleading guilty to a charge of stealing £4 10s from the pocket of a coat on a city building site on September 2. a youth, whose name was suppressed. was convicted and remanded on ball until October 8 for sentence. INDECENT ASSAULT John Haines, aged 24, a soldier, was remanded. in custody to October 8 on a charge of indecently assaulting a boy aged 14 at the Christchurch Hospital on August 29. He pleaded guilty. MrtM. G. L.

Loughnan appeared for Haines. REMANDED Terrance Kumi Heml, aged 19. a workman, was remanded in custodv to October 8 on a charge of breaking and entering the home of Arthur George Burkhardt at 240 Kilmore street on September 29. Garry Christopher Crane, aged 19, and Brian Leslie Cleary, aged 22. were remanded on bail to October 8 on a charge of fighting. A youth, whose name was suppressed. was remanded to the Children’s Court on a charge of breaking and entering the St. Albans- Sports Centre on August 7 Saipele ri’ifau. aged 21, a workman, was remanded on bail to October 9 on charges of forging Post Office withdrawal slips for £lOO and £7O. Douglas Barry Borton, aged 18, a labourer, was remanded on bail to October 6 on a charge of driving under the influence of drink or drugs and causing the death of Robin Wayne Bruce Millward. Dennis Patrick Harper, aged 29, unemployed, was remanded in custody. to October 7 on a charge of indecently assaulting a boy aged 12. Donald Alexander McLean Mc-

Govern, aged' 40. a pastry worker, was remanded on bail until October 8 on a charge of burglary of a Cashel street shop on September 29. On two charges of indecent assault on a male, Patrick George Shannon, aged 28, a driver, was remanded on bail until October 7. Murray James Johnson, aged 29, a storeman, was remanded on bail until October 8 on a charge of permitting another male to do an indecent act with him on September 24. On a charge of breach of probation on September 17, Trevor Ernest Bartlett, aged 20, a driver was remanded on ball until October 8. On five charges of false pretences, involving £25 16s 6d, on September 10, Patrick William Hammond, aged 40, was remanded until October 8. Lewis Arthur Wing, aged 49, a laboratory assistant, was further remanded on ball until October 12 on a charge of indecently assaulting a five-year-old girl on August 9. CHARGES ADJOURNED A charge against Ronald Joseph Murray, aged 36, of stealing an unspecified sum from the Post Office was adjourned to October 29. Mr R. G. Blunt, who appeared for the accused. said the police were seeking the adjournment because a police witness was in hospital. A charge against Alan Ham- ; ilton Sandford, aged 42, of stealing an unspecified sum from the Post Office was adjourned to October 8.