MAGISTRATE’S COURT Stockman Fined £25 After Incident In Square

Press, Volume CIII, Issue 30631, 23 December 1964, Page 7

MAGISTRATE’S COURT Stockman Fined £25 After Incident In Square

The police were justified in! handling the situation as they did. Mr E. S. J. Crutchley, S.M., said in the Magistrate’s Court yesterday in answer to a suggestion by Mr G. R. Lascelles that the police had not handled with sufficient discretion an incident involving an Australian stockman in Cathedral square on December 16.

Mr Lascelles appeared for Bramwell Malcolm Christopher Sanders, aged 22, a stockman, who was appearing for sentence on charges of using insulting language in a public place, resisting Constable J. E. Dwyer, and assaulting Constable Dwyer in the course of his duty. On the charge of assault he was convicted and fined £lO, on the charge of resisting the constable he was convicted and fined £lO, and on the other charge he was convicted and fined £5.

Mr Lascelles said the “black book” had been thrown at Sanders. It was a case of an outdoor man having a few drinks and getting out of hand, he said.

Senior-Sergeant G. M. Cleary said he did not accept the accusation made by Mr Lascelles that the police had not handled the incident with sufficient discretion. He said that Sanders was given every opportunity to behave himself.

“I reject the claim entirely,” he said.

The Magistrate said that normally he would not hesitate to impose a term of imprisonment. He said he would take into consideration the condition of Sanders at the time, and the anxiety he had over his missing dog. He said that Sanders had already spent over a week in custody. DISQUALIFIED DRIVER Lindsay Wardlaw Milne, aged 22, a workman (Mr J. H. Dalmer), was fined £l5 and his period of disqualification from driving was extended for one year when he appeared for sentence on a charge of driving while disqualified.

The Magistrate said he accepted Mr Dalmer’s submissions that Milne had been confused as to his right to drive because an application had been made for a rehearing. It was not a deliberate breach of the law, he said.

FINED FOR ASSAULT "Your list is such that the Court would be justified in sending you to Borstal,” the Magistrate told Raymond Ralph Percy Geary, aged 17, a workman (Mr M. J. Glue) when he fined him £3O on a charge of assaulting Raymond James Thompson. Geary, who was appearing for sentence, was ordered to pay half the fine to the complainant, and was also ordered to pay restitution of £5 for the complainant's dentures. FINED £l5 "The defendant has a rather primitive view of social etiquette,” said Mr S. G. Erber. '‘He thought he had a power of life and death over this woman.” Mr Erber was appearing for Vai Charlie Arapai, aged 30, an insulator erecter, who was appearing for sentence on a charge of assaulting Valerie Juanita Koziarski. Arapai was convicted and fined £l5. The Magistrate said that Arapai was very close to imprisonment. BURGLARY Wayne Ritchie Sutherland, aged 17, a workman (Mr S. G. Erber), was remanded in custodj’ until today on a charge of breaking and entering Blackburn Motors, 121 Peterborough street. He was to have appeared for sentence yesterday. TWO YEARS’ PROBATION "It is quite clear that these offences were committed while you were under some domestic pressure.” said the Magistrate when he placed David Hose, aged 30, a workman (Mr D. H. Hicks) on probation for two years on four charges of false

pretences. Hose, who was appearing for sentence, was also ordered to make restitution of £43.

PROBATION “The accused is in a very dangerous situation; while on probation he committed another offence. Normally he would go to Borstal." the Magistrate said when he placed Desmond Hugh Hoare, aged 19, a freezing worker (Mr J. H. Gebbie) on probation for two years on a charge of breaking and entering the Beach Ball at Sumner. Hoare, who was appearing for sentence, was also ordered to pay £3O towards the cost of the Prosecution, and restitution of £lO. An order was made for the return of the recovered property.

PROBATION Probation for two vears and an order to pay £lO towards the cost of the prosecution was imposed on M’illiam Edward Anthony Terry Newman Harris, aged 24. a fish splitter, when he appeared for sentence on charges of unlawfully being in an enclosed yard and breaking and entering. ~ * lr . G - L. Loughnan said Harris had been led into the offences by an experienced and hardened criminal. SUSPENDED SENTENCE

“It is a very great shame that you have descended to this sort of offence.” the Magistrate told Michael MacDonald Allan, aged 17, a storeman, who was appearing for sentence on a charge of theft as a servant. Allan was convicted and ordered to come up for sentence within 12 months if called upon. An order was made for the return of the property. CHARGES DISMISSED Charges against Adolft Harold Alexander, a manufacturer, of exceeding 30 miles an hour in Ollivers road, failing to stop at a stop sign and failing to yield right of way at the corner of Ollivers road on September 15, were dismissed. Alexander pleaded not guilty. The Magistrate said he was unable to resolve the conflict of evidence. REMANDED

Garry Charles Farr, aged 18, a workman, was remanded in custody until today on four charges of theft.

A youth, who was to have been sentenced on a charge of indecently assaulting a female, was further remanded on bail to January 18 for sentence. His name was suppressed. (Before Mr K. H. J. Headifen,

S.M.) THREE MONTHS’ GAOL

"You have just come out of prison for a similar offence and I am going to Impose the maximum sentence on you. I regret that I am not empowered to gaol you for a longer term,” said the Magistrate when sentencing William Martin, aged 36, a freezing worker to three months’ gaol on a charge of driving while disqualified on December 19. Martin pleaded guilty. Sergeant L. A. Dowell said at 6.25 p.m. Martin was seen by a constable driving in Tee street, Oamaru. He was followed and stopped. Martin had been disqualified from driving until 1971 in September in the Christchurch Magistrate’s Court. He had appeared four times for offences of this nature. Martin was disqualified from driving until August 13, 1973. IMPERSONATED POLICE On a charge of impersonating the police on December 18, Joshua Thomas Carson, aged 62, a pensioner, was fined £lO and ordered to pay witness’ expenses £2. He pleaded guilty. DISORDERLY BEHAVIOUR

A fine of £l5 was imposed on Eric Francis Elkis, aged 42, a workman, when he was convicted of a charge of behaving in a disorderly manner in the women’s bathing sheds at Marine parade, New Brighton, on December 19.

Elkis denied the charge. He said he was looking for his dog and he thought he was in the men’s sheds. When he realised his mistake he went straight out.

The Magistrate said he considered it his duty to protect women and children from persons like Elkis. DAMAGED MAIL BOXES

Two young men who removed mail boxes off posts, broke them open and searched mail, taking £4 10s in money, pleaded guilty to charges of wilfully damaging five post office boxes and theft. They were convicted and remanded on bail to today for sentence. Their names were suppressed. FALSE PRETENCES Peter Patrick Quinn, aged 50, a Social Security beneficiary, was remanded in custody to December 30 on a charge of false pretences by obtaining money, petrol and oil from Blue Star Taxis garage with a valueless cheque for £l5 12s 6d on

November 14. He pleaded guilty. CREDIT BY FRAUD

James Gallagher, aged 73, a pensioner, was fined £4 and ordered to make restitution of £lO 10s on a charge of obtaining credit by fraud for £lO 10s from Kiwi Taxis, Ltd., at Temuka on December 21. He was glvei three months to pay. Gallagher pleaded guilty. WORKMEN FINED

Pleading guilty to a charge of behaving in a disorderly manner at Lyttelton on December 21. Neil Lesley McGinnity, aged 21, a workman, was fined £lO. Robin Auld, aged 21, a workman, who pleaded guilty to charges of using obscene language in a public place and using obscene language over a telephone, was fined £lO on each charge. CHARGE WITHDRAWN

A charge of false pretences against Ronald James Thornton, aged 28, a workman, was withdrawn after Senior Sergeant G. M. Cleary said the police would offer no evidence. Thornton had been sentenced in the Supreme Court to two years and a half imprisonment on similar charges and there was no point in pressing the further charge, he said. Thornton was alleged to have fitted a case to a chimney for Helen Campbell Faithful on June 12 and obtained £5 for the work. CHARGES ADMITTED

Dirk Tom Johan Jongejans, aged 17, a welder, charged with stealing two cigarette lighters on December 17, and Gordon Alfred Brown, aged 21, charged with aiding in the commission of the theft of one of the lighters, were each convicted of the charges and remanded on bail to December 30 for sentence. They pleaded guilty. (Before Mr E. A. Lee, S.M.)

ONE YEAR’S CANCELLATION Charged with failing to ascertain whether anyone was injured, failing to stop after an accident, and failing to yield the right of way, at the intersection of Fitzgerald avenue and Worcester street on November 10, Athol Stuart Henry, aged 20, a student (Mr J. A. Bretherton), pleaded guilty. On the charge of failing to yield the right of way, he was convicted and fined £lO and his licence was cancelled for three months. On the charge of failing to ascertain whether anyone was injured, he was fined £lO, and his licence was cancelled for one year, and on the other charge he was disqualified for one year and ordered to pay costs. The periods of disqualification are to be concurrent. TRAFFIC CASES

In traffic cases brought by the City Council traffic department, convictions were entered and fines imposed as follows: Exceeded 30 miles an hour: John Frederick David Peach (two charges), £4 each; Bruce Osmond Alexander, £4; Murray Alexander Bell, £4; John Alex Berland, £4; Shona Fraser Blair, £4; Emma Hannah Borland, £4; Basil Claude Brown, £4; Raymond Gerald Burrows, £4; Ross Alexander Carstairs, £5; Gary John Caunter, £5; Gordon Francis Common, £3: Michael James Cummings, £3; Gordon Desmond Cuthbert, £3; Allan Edward Davies, £3; David Frank Day. £4; Hapi Paul Ferris, £4: Terence Michael Greaney, £3; Anthony Stephen Hagerty. £4: Rodney Robert Hardy, £4: Theodore Harris, £4; William George Hastie, £3; Eric Oscar Hunter, £4: Ivan William Ingham, £4: Bernard Sydney John, £5; Anne Lilian Kirby, £4; Michael James Lagan, £4; Elizabeth Maude Constence Lewis, £4; John Francis Croil Morgans, £4; Peter Max Morris, £3; James St. Clair Murray, £4; Trevor George Neal, £4; Arthur Victor Neighan, £4; Richard Blundle Porter, £3; Alexander Leslie Robinson, £3; William Cyril Seymour, £4; Ronald Murray Stechman, £4; David Ernest Streeter, £4; Julia Elthel Sutherland, £2; Terence Mauri.-e Sweeney, £4; Peter Leonard Charles Talbot, £3; Thomas Torrens, £4; James Eric Tyson, £3; Anton Herbert Wartman, £4; Peter Gerard Wessman, £4; William Alexander Wilson, £4.