Magistrate’s Court Borstal For Youths In Smash-And-Grab Raid

Press, Volume CIV, Issue 30831, 17 August 1965, Page 6

Magistrate’s Court Borstal For Youths In Smash-And-Grab Raid

Two youths involved in a £3OOO smash-and-grab raid on the shop of Bartlett’s Jewellers in the Plaza arcade on July 21 were sent to Borstal when they appeared before Mr E. A. Lee, SM., in the Magistrate’s Court yesterday for sentence on a number of charges.

They are Peter Lloyd Machirus, aged 19, a workman (Mr R. G. Blunt), and John Campbell Couling, aged 18, a metal polisher (Mr W. A. Wilson). Machirus was also appearing for sentence on charges of breaking and entering the shop of Lloyds Watchmakers, Armagh street, on July 12, breaking and entering the shop of T. Armstrong and Company, Ltd., Colombo street, on July 14, unlawfully taking a car valued at £450, the property of Somerset Motors, Ltd., on July 13, unlawfully taking a car valued at £llOO, the property of Cliff Jones Motors, Ltd, on July 21, and breach of probation in that he failed to abstain from liquor on June 25. Couling also appeared for sentence on charges of breaking and entering the jeweller’s shop of Richard William Harrington, in Riccarton road, on July 8, and unlawfully taking a car valued at £llOO, the property of Cliff Jones Motors, on July 21. On charges of being a minor in a hotel bar and giving false particulars to the police on June 18 Couling was convicted and discharged. The Magistrate said that

Machirus had been treated with considerable leniency in the past. “I must acknowledge the very gravest difficulty in deciding whether to send you to prison, mainly because you should stay in custody for a quite a long time,” the Magistrate said. “I will recommend to the Parole Board that it should have in mind the seriousness of crimes in which you were involved.” The Magistrate said that on two occasions Couling had participated in two particularly serious offences. There was no chance of his accepting the discipline either of his parents or the probation officer. FINED £BO Kenneth Roy Townsend, aged 19, a factory worker, was fined £4O for driving in Ferry road under the influence of drink or drugs on August 14 and £4O for driving while disqualified. His driver’s licence was cancelled for a further five years. He pleaded guilty. Sergeant V. F. Townshend said that the accused was disqualified from driving for a year when he was convicted in Dunedin of dangerous driving. At 10.30 p.m. on August 14 Townsend, driving east in Ferry road, went on to the wrong side of the road and struck an oncoming vehicle after going around the roundabout at the tunnel road. The driver of the other vehicle said Townsend was travelling at a high speed. He was driving his father’s car and he admitted that he had

had a few beers to celebrate his nineteenth birthday. The Magistrate said that because of Townsend’s age he would not send him to prison. He thought the fines would be a much more effective penalty. FINED AND DISQUALIFIED Derek Jordan, a seaman, was convicted and fined £2O, in default 22 days’ imprisonment, a warrant of committal being issue forthwith and was disqualified from driving for three years, when he appeared on a charge of driving in a manner which might have been dangerous in Ferry road on August 16. An order was also made that he be placed on board his Ship before it left port. He pleaded guilty. Sergeant Townshend said that at 1.10 a.m. yesterday Jordan was driving east in Ferry road at a speed of about 40 miles an hour. At the tunnel road roundabout, he attempted to turn too fast, and lost control of the car.

The car bit a sign beside the road and then slid across to the incorrect side of the road, where it bounced off a power pole. It then careered to the other side of the road and into the safety rails on the bridge on the tunnel road.

The car was very extensively damaged, and four girts in the car were taken to hospital, although the defendant was not injured, said Sergeant Townshend.

Jordan said he had been drinking, and one of the girts

was practically sitting on his knee. He could not work the controls properly when he tried to take the corner. ASSAULTED WIFE

Terence John Millard, aged 33, a workman, pleaded guilty to assaulting his wife, Lorraine Dawn Millard, on August 15. He was sentenced to 14 days’ imprisonment.

Sergeant Townshend said that Mrs Millard called the police to her home, where they found her in a very distresed state, with a bruise on her right leg and a cut on her ankle. She said her husband kicked and punched her because she did not get him away to work that morning. He had been drinking heavily and mistreating her over the last week. SMASHED CHURCH DOOR

John William Carter, aged 34, a labourer (Mr G. S. Brockett), and a woman whose name was suppressed (Mr S. G. Erber), pleaded guilty to wilfully damaging a plateglass door panel in St. Margaret’s Presbyterian Church, Farrington avenue, on August 8. Carter was fined £7 10s and the woman was convicted and ordered to pay costs. Both were ordered to make restitution of £2 10s. Carter and the worna were wandering around Papanui in the early hours of the morning, looking for a shed or similar place where they could sleep, Sergeant Townshend said. They tried to sleep in the foundations of partlyfinished buildings, and finally went to the church. The door was locked, and they agreed to break in.

Carter kicked in the glass panel, crawled through and opened the door. He and his companion slept in front of a heater until 7 a.m. After an argument with the owner of a home where they were staying, Carter and the woman were asked to leave, said Mr Brockett. There was nowhere they could spend the night.

The woman had a background of mental instability, submitted Mr Erber. FINED £25

Kenneth Te Miha, aged 22, an apprentice (Mr S. G. Erber), was fined £l5 on a charge of escaping from lawful custody on August 14. On a charge of assault he was fined £5, and a similar amount on a charge of using obscene language in a public place. Te Miha pleaded guilty. The police questioned Te Miha in a cafe in Manchester street after a complaint had been made by a woman member of the staff, Sergeant Townshend said. Te Miha became excited, shook his fist in the face of a 14-year-old girl in the cafe, and said, “I’ll knock you down.” When he was ordered outside to the police van, Te Miha used obscene language. The police were putting him into the van. but two of hi's friends came out and pulled on the policemen’s arms, freeing Te Miha, who ran away. A complaint was made that Te Miha bad urinated in the gutter, Mr Erber said. He had not in fact done this, and had not been charged with the offence. His subsequent actions arose from his annoyance about the complaint. Borstal was in store for the accused if he appeared before the Court again on similar charges, or charges of a serious kind, the Magistrate said. TOOK CAR Donald Stephen Gentleman, aged 20, a workman, Geoffrey Leonard Harris, aged 17, a painter’s assistant, and Ronald Thomas James Hoare, aged 18, a workman, were each charged with unlawfully taking a car valued at £225 on August 8. They pleaded guilty, and were convicted and remanded on bail to August 20 for sentence. Mr A. K. Archer appeared for the accused. The three accused were walking home at 3.45 a.m., and went into the yard of Sydenham Park Car Sales, Ltd., Colombo street, said Sergeant Townshend. They connected up wiring in one | of the cars there and Hoare drove it through the chain barrier on to the street. With Hoare at the wheel, they drove to Timaru, and then a further 60 miles to a lake where ice-skating was being held. A traffic officer arrested them at Rakaia on their way home. BURGLARY Hilton Wharemahihi, aged 24, a workman, was fined £25 when he appeared for sentence on a charge of burglary on August 9. He was not represented by counsel. "In view of the probation officer’s report it is surprising to find you appearing on a charge of this nature, as you have faced your responsibilities in a very commendable way. In the hope that you will not appear again I am not going to send you to prison,” said the Magistrate. OBSTRUCTED POLICE

The Count took a serious view of interference with police officers in the execution of their duty, said the Magistrate when he convicted Harold Bruce Bleuler, aged 21, a carpenter (Mr R. G. Blunt), on a charge of wilfully obstructing a constable in the execution of his duty on August 14. Bleuler was fined £l5.

Sergeant Townshend said that at 4 pan. on August 14 the politee were called to a disturbance in Manchester street. A man was arrested and was being put into a police car when the accused and another man grabbed the constable’s arms, allowing the arrested man to escape. Bleuler also ran away, but was located later. Mr Blunt said that Bleuler had been in custody for the week-end. He had no previous convictions. UNLAWFULLY IN CARAVAN Charged with unlawfully getting into a caravan ,valued

at £2OO on August 14, David Bruce Beacroft, aged 17, a packer, was convicted and remanded on bail to August 19 for sentence. He pleaded guilty. BURGLARY Steven Barcival, aged 22, William Wharekura, aged 23, and Dick Brown, aged 22, were each convicted and fined £l5, and ordered to make restitution of £2 2s, when they appeared on a joint charge of breaking and entering the Star and Garter Hotel at Waikari on August 15. Barcival was also convicted and fined £5, and ordered to make restitution of £ll Os, on a charge of theft at Waikari on August 14. Pleas of guilty were entered to all charges. Sergeant Townshend said that liquor and food were taken from the hotel. The three accused were in an advanced state of intoxication at the time. FINED £3O

On charges of selling liquor after hours and hindering a policeman in the execution of his duty, Maurice Frederick Neiman, aged 38, former manager of the Valley Inn, Heathcote, was fined a total of £3O. He pleaded guilty to the selling charge, but not guilty to the charge of hindering the police.

Mr P. G. S. Penlington appeared for Neiman. Sergeant J. M. Phelan said that at 1.45 a.m. on June 6 he visited the Valley Inn. He saw Neiman at the back door talking to two men. As he got near Neiman he slammed the door. Sergeant Phelan said he forced open the door, and found Neiman at the end of the private bar ushering persons through into the public bar. Several youths escaped through a window. At least 15 persons escaped. The Magistrate said that he found the witnesses for the defence unconvincing. He was satisfied that by slamming the door and ushering persons out of the bar Neiman had hindered the police. Sergeant Townshend, who prosecuted, said the set-up at the hotel was most unsatisfactory. Neiman had convictions for selling after hours and for selling liquor to a minor in 1964. There had been numerous complaints about the hotel.

The Magistrate said that the police should draw the matter to the attention of the Licensing Committee. FINED £3 Charged with failing to pay a taxi fare of 18s on August 13, Heta Edward Ngawairau, aged 17, an apprentice carpenter, was convicted and fined £3, and was ordered to make restitution of 18s. He pleaded guilty. REMANDED A man, whose name was suppressed, was remanded on bail to August 19 on a charge of lurking near a dwellinghouse on August 15. CHARGE DISMISSED

A charge of attempting to procure liquor after hours at the Valley Inn on July 10, against James Joseph Edward Holland, aged 29, a barman (Mr W. F. Brown), was dismissed. He pleaded not guilty. LIQUOR OFFENCES

Penalties for Licensing Act breaches were imposed as follows:

Minor purchased liquor: Frank Mortise Endacott, £5 (gave false particulars, £3); Raymond John Luscombe, £5 (gave false particulars, £3); Raymond Ralph Percy Geary, £5 (gave false particulars, £3).

Minor found in hotel: Brice Charles Landman, £5 (gave false particulars, £3); Brian Francis Gerald Isherwood, £5

(gave false particulars, £3); James Sheppard, £5 (gave false particulars, £3). Manager supplied minors with liquor: George Peter Humphries, £5. Procured liquor after hours: James Edward Archbold, £3; Melvin George Main, £3; Frank Morris Endacott, £3 (minor purchased liquor, £5). Consumed liquor after hours: Joseph Peter Toohill, £3; Nancy Merrin, £3; Murray Alfred Nicole, £3. Hotel manager sold liquor after hours: Hubert Charles Robinson, £10; Albert William Davis, £7 10s.

Hotel licensee supplied liquor after hours: Walter Edward Jehu Davie, £4. Barman supplied liquor after hours: Hugh Parker Williamson, £lO. Attempted to procure liquor after hours: Desmond Findlay, £3; Brian Lester Findlay, £3. Unlawfully on licensed premises: Allen Raymond King, £3; Jennifer Munro, £3; Patricia Marlene Taylor, £3; Simon Patrick Callanan, £3. Liquor near dance: lan Arthur Frater, £3.

(Before Mr H. J. Evans, S.M.) CONCURRENT SENTENCE

Robert Ralph Dynes, aged 25, a salesman (Mr R. G. Blunt), appeared for sentence on two charges of burglary and one of being a rogue and a vagabond. He was sentenced to nine months’ imprisonment, to be served concurrently with a similar term already imposed by the Supreme Court, with 12 months’ probation after his release, conditions of probation to be the same as those specified by the Supreme Court for a similar period. CHARGES DISMISSED Charges of attempting to procure liquor after hours at the Valley Inn on July 10, against Brian William La Budde, aged 20, a fitter and turner, John Edwin Keatley, aged 21, a car salesman, and Thomas John Black, aged 24, a linesman, were dismissed. They pleaded not guilty. Mr R. G. Blunt appeared for all three defendants.

Senior-Sergeant G. M. Cleary said that at 9.55 p.m. on July 10 the police found about 13 persons hidden about the hotel premises. The three defendants were found on the fire-escape. It was drizzling at the time, and they did not have overcoats on. Mr Blunt said that the defendants had been going to a party at the house of Pinn’s sister, and went to the hotel to collect Pinn. They were told by the manager that Pinn had gone out and that they could wait for him in his room. When they heard the police arrive outside the room they panicked. The Magistrate said that the circumstances were very suspicious indeed, but the defendants were charged with attempting to procure liquor, and the evidence fell short of proof that they had done so Hector Keith Graham Farmer, aged 32, an engineer (Mr C. B. Atkinson), pleaded not guilty to procuring liquor after hours from the Yaldhurst Hotel on June 11. The charge was dismissed. The Magistrate said he was reluctant to accept with any readiness the defendant’s explanation that he had bought the liquor earlier in the day, had left it in the hotel by mistake, and had gone back to collect it. However, the explanation was supported by other witnesses, was credible, and raised a reasonable doubt.