MAGISTRATE’S COURT Driver Fined £100 For Fifth Offence

Press, Volume CIV, Issue 30879, 12 October 1965, Page 8

MAGISTRATE’S COURT Driver Fined £100 For Fifth Offence

“If you come before me again for driving while disqualified, 1 will cancel your licence for all time,” Mr K. H. J. Headifen, S.M., said in the Magistrate’s Court yesterday when he imposed a fine of £lOO on Trevor Bruce Donaldson, aged 27, a mechanic (Mr S. G. Erber), who was appearing for sentence on a charge of driving while disqualified on September 13. Donaldson’s period of disqualification was extended for one year.

On a charge of supplying false information on September 13, on which he was also appearing for sentence, Donaldson was fined £lO.

The Magistrate said that there were strong indications that Donaldson had endeavoured to rehabilitate himself. He had previously ap-

peared four times on charges of driving while disqualified, and on the last three had been sentenced to imprisonment. However prison would he inappropriate in this case, he said. The Magistrate said that he had gone to the extreme length to give Donaldson a chance. FINED £5O “If you come before. the Court again on a charge of driving while disqualified you can ex-pect Borstal,” said the Magistrate when he fined Ross Alexander Carstairs, aged 19, £5O on a charge of driving outside the terms of his partial exemption from disqualification on September 9. Carstairs was also admitted to 18 months’ probation, and his period of disqualification was extended for one year. Carstairs, who was appearing for sentence, was represented by Mr M. J. Glue. ; FINED FOR ASSAULT “Whatever your views are on types with long hair, unfortunately they have a right to wear their hair as they like,” the Magistrate told Roger Keith McMahon, aged 23. a painter, when convicting and fining him £lO on a charge of assaulting Geoffrey Ray Blackburn. McMahon pleaded guilty. Sergeant V. F. Townshend said that at 7 p.m. on October 9 Blackburn was walking past the Chief Post Office with a friend when the accused made a remark about his hair. It was ignored, and McMahon walked behind Blackburn and continued to remark about his hair. He then said to a friend. “What say we give him a haircut,” grabbed the complainant by the leg, and they fell to the ground. Blackburn got up and told the accused he did not want any trouble. He was grabbed by the throat and thrown to the ground. When he was on the ground the accused jumped on his chest. He got to his feet and was struck twice on the head. The complainant then decided to go to the police station and was chased some of the way by the accused. Blackburn was aged 16, Sergeant Townshend said. “You may not like long hair, as I certainly don’t, but your action amounted to assault,” the Magistrate said. STOLE SOFT DRINK

Raymond John Messervy, aged 19, an apprentice carpenter (Mr R. G. Blunt), was fined £3 on a. charge of stealling a crate of 24 bottles of coca cola valued at £l, the property of the Southern Bottling Company. He pleaded guilty. Sergeant Townshend said that on October 11 the company nightwatchman saw a youth act suspiciously and then jump into a car and drive off. He noticed a crate of bottles under a fence. Later, a similar car pulled up and the accused was removing four bottles when he was apprehended by the watchman. Mr Blunt said that Messervy had been drinking and was with a group in a car when they saw the crate by the gate. He knew nothing about how it had got there. The Magistrate said he would take into account the accused’s previous good record. UNLAWFULLY ON BUILDING

Appearing for sentence on a charge of being unlawfully on a building on October 2, .Vaero Maka, aged 22 (Mr G. T. Mahon), was convicted and fined £l5. BREACH OF DEALERS’ ACT Charged with two breaches of the Secondhand Dealers’ Act, in that it failed to make records of sale in the dealer’s register, on July 9 and August 8, Hulstons Auction Rooms, Ltd., pleaded guilty and was convicted and fined £lO on each charge. Pleading guilty to two similar charges, Clarence Beaumont Hall, manager of the company, was convicted and fined £5 on each charge. Mr R. F. B. Perry appeared for the defendants. BREACHES OF PROBATION Charged with a breach of probation on June 8 in that he failed to notify a change of address, Peter Patrick Quinn, aged 50 (Mr R. G. Blunt), was convicted and fined £5. He pleaded guilty. Charged with a breach of probation in that he failed to report to the probation officer on August 27, Toni Kerin Huia James Te Rongapatahi, aged 20, a workman (Mr R. L. Kerr), was convicted and fined £lO. He pleaded giulty. FALSE DECLARATION A man, whose name was suppressed, was convicted and discharged when he appeared for sentence on a charge of making a false declaration under the Marriage Act. The man was represented by Mr P. G. S. Penlington. REMANDED James Peta, aged 30, was remanded in custody to October 14 on charges of .driving while disqualified in Manchester street on May 31 and forging a driver’s licence on or about March 4. He was also charged with obtaining a driver's licence while disqualified on March 4. Rosemary Adelaide Veronica Norton, aged 18, unemployed (Mr G. R. Joyce), was remanded on bail to October 14 on two charges of obtaining credit by fraud involving £4l 18s and one charge of receiving. The offences were committed in April, May, and July. A man. whose name was suppressed, was remanded on bail to October 21 on a charge of fighting in Worcester street on October 9. He pleaded not guilty, and was represented by Mr A. I. Cottrell. FIREARM OFFENCES

Neil Edward Lester, aged 18, a shipping clerk, was fined £8 on a charge of carrying a firearm in a motor-vehicle, Y 9 .

I and Richard Barrett Trembath, aged 17, a Post Office linesman, was fined £5 on each of two charges of being in possession of a rifle without a permit and of discharging a firearm in a public place. Both pleaded guilty. Sergeant Townsend said that on the evening of September 2 Lester was driving a car in Cashmere road with Trembath as a passenger. The latter had a rifle he had purchased earlier in the day. A rabbit or a hare was dazzled by the lights of the car. and Trembath loaded the rifle and fired through the side window. Further along the road another shot was fired. This was directed into the road and was fired so that the rifle would be empty when they arrived back in the city. The youths did not realise they had committed offences. LIQUOR OFFENCES Offenders under the Sale of Liquor Act were fined as follows: Minor purchased liquor: Trevor John Costello, £5: Ivan Maurice Quill, £4; Owen James Trotter. £4. Minor found in hotel bar: Anthony John Crawford (two charges), £5 and £7. Liquor near public dance: Anthony Keith Lewis. £3: John Lawrence White, £3. Manager sold liquor after hours: Maurice Frederick Neiman, £l5. Supplied liquor after hours: Harry Agar, £3. (Before Mr H. J. Evans, S.M.) EIGHT CHARGES Paul Robert Boby, aged 23. a signwriter, was fined £65, admitted to probation for two years, and ordered to make restitution of £lOl Ils 6d when he appeared for sentence on four charges of theft, one joint charge of theft, two of false pretences and one joint charge of obtaining credit by fraud. Mr G. T. Mahon, for Boby. said that when the accused went into business on his own account he got into financial difficulties because many accounts owing to him were not paid. He was being pressed by his creditors and sold his typewriter. He found that these machines were easy to sell, and that was where he got the idea of obtaining typewriters on credit and then selling them.

lan Victor Young, aged 35, was fined £l5, was placed on probation for a year, and was ordered to live and work where directed, to take out a prohibition order and to make restitution of £l3 Is 6d when he appeared for sentence on joint charges of theft and of obtaining credit by fraud. Mr M. G. L. Loughnan, for Young, said the accused played only a comparatively minor part in the offences. “You have a long list of previous convictions and have served terms of imprisonment,” the magistrate said to Young. FINED £25 Anzac Robert Williams, aged 21, a truck driver, was fined £25 and was placed on probation for two years when he appeared for sentence- on two charges of false pretences and one of theft. He was also ordered to pay £5 towards the cost of prosecution and to make restitution of £22 4s 9d. The charges involved the obtaining of £2O from M. W. Burbery Finance, Ltd., on September 17 by falsely representing he was the owner of a car, presenting a valueless cheque for £9 14s 9d to R. and M. Ellis Four Square Store on August 31, and theft of cheque forms, valued at Is 2d, the property of Robert Walter Coe, Mr S. G. Erber, for Williams, said the accused got himself into difficulties and did not seek the advice of the probation officer because he thought that with his list of convictions he would be sent to prison. Williams was over-generous with his money when he had it. “You began this series of offences after stealing cheque forms from a neighbour’s flat,” the Magistrate said to Williams. “You have already spent two periods in Borstal, and it is with some hesitation that I place you on probation.” YOUTHS FINED Gordon Bruce, aged 20, a labourer, and Stuart Donald Curran, aged 19, an apprentice mechanic, were each fined £2O on a joint charge of theft of goods, valued at £1 10s, the property of the Railways Department, on September 23. Bruce was also placed on probation for one year and was ordered to take out a prohibition order. Curran is already on probation. The charge arose from the theft of articles from a railway waggon in the Waltham yards. Bruce, who was not represented by counsel, said he had had a lot to drink when he committed the offence. He had not been encouraged by anyone to take the goods as was stated in the probation report. The whole thing was his responsibility. “This is your first offence, and it is all the more regrettable considering that you had worked very well as a locomotive trainee for two years and a half,” the Magistrate said. “You will have to be more careful of your choice of friends.” Mr G. R. Lascelles, who appeared for Curran, said this was only the accused’s second offence for crimes involving dishonesty. The other person concerned had admitted it was his idea. Curran was the second youngest of a family of 10. “Even though you are only 19 you have been before the Court a number of times for offences which cannot be regarded as trivial, and you are already on probation for two

years,” said the Magistrate to Curran. AIDED ESCAPERS

David Turner, aged 55, a council labourer (Mr M. J. Glue), was fined £7 10s on each of two charges of assisting a mental patient to avoid being retaken. He was appearing for sentence. The offences were committed at Lyttelton between September 7 and September 9. Mr Glue said the accused had been making a good effort to rehabilitate himself and was highly regarded by his employers. He had not helped the two girls so fhat they could escape permanently. The Magistrate said he would take into account Turner’s good testimonials and the fact that he had been in custody since September 30 THEFT AS SERVANT Kenneth John Meyers, aged 18, a laundry worker, was fined £l5 and was ordered to pay £5 towards the cost of prosecution on a charge of theft as a servant of a spotlight, three ear mats, and two tyre levers, valued at £6 12s 6d. the property of Andersons Motordrome, Ltd., Riccarton road.

Mr I. C. J. Polson, for Meyers, said that the accused gained nothing frem the offence. He was naive and gullible. Meyers had no previous convictions, and his work record was good. “It is difficult to understand why you acted as you did,” said the Magistrate to Meyers. “While doing the midnight to dawn shift you gave these goods to a young man without asking him to pav for them.” Bryan Malcolm Lewthwaite. aged 17. a grocer’s assistant (Mr G. G. Parry), was fined £l5 and was ordered to pay £5 towards the cost of prosecution on a charge of receiving car accessories, valued at £6 12s 6d, when he knew they had been dishonestly obtained.

The Magistrate said that the offence was committed without premeditation and was facilitated by Meyers’s willingness to be generous with his employer’s property. PROBATION AND FINE

Philip Ronald Henry Brown, aged 22, a clerk, was fined £l5, was placed on probation for 18 months, and was ordered to pay £5 towards the cost of prosecution and restitution of £27 on a charge of theft as a servant

of money and firewood of a total value of £27 from Waimak Sawmills. Ltd. Mr A. Hearn, for the accused, said the offence was completely out of character. Brown had been unduly worried because his landlord, who was also his employer, had installed a hot-water system in the premises in which he lived and he believed that he was going to be charged for the capital cost of £3O. DISCHARGED Francis Werahiko Nikorima, aged 18. an apprentice carpenter, was discharged without conviction under section 42 of the Criminal Justice Act upon payment of £5 towards the cost of prosecution when he appeared for sentence on a charge of receiving linen, valued at £5 19s, when he knew it had been stolen. He was ordered to make restitution of £5 19s. Mr G. R. Joyce, for Nikorima, said the accused was a hard worker who was highly regarded by his employer. He. came from the North Island and was staying at a hostel. He had to leave the hostel to make room for others, and he got a flat with other lads in Sydenham and that led to trouble; He did not know that the others who lived in the flat were going to commit the offence. Nikorima used some < the stolen property which was lying about the flat. CONVERSION

Gordon Frederick Davey, aged 17, a general workman, was ordered to pay £lO towards the cost of prosecution, disqualfied from holding a driving licence for one year, placed on probation for two years, and ordered to take psychiatric treatment as directed when he appeared for sentence on a charge of converting a motor-cycle on August 30. The Magistrate warned him that a charge such as this could bring him two years at a Borstal institution. “You cannot afford to commit any other serious offence," he said. LICENSING OFFENCES

Albert William Davis, manager of the White Swan Hotel, was fined £7 10s on a charge of selling liquor after hours on July 29. He pleaded not guilty, arid was represented by Mr R. G. Blunt. Alfred George Bailey, manager of His Lordship’s Hotel, was fined £5 on a charge of supplying liquor to minors on July 31. He pleaded not guilty, and was represented by Mr P. G. S. Peniington.