MAGISTRATE’S COURT Driver Fined £33 And Disqualified

Press, Volume CIV, Issue 30895, 30 October 1965, Page 25

MAGISTRATE’S COURT Driver Fined £33 And Disqualified

An unlicensed motorist : who failed to stop after i (striking a pedestrian in New i [Brighton road on August 7 1 ' was fined £35 and disqualified i > from driving for six months i when he appeared before Mr , E. A. Lee, S.M., in theMagis- ; trate’s Court yesterday. ; | He was Albert Bernard ■ Duke, aged 23, a drainlayer. Duke was fined £l5 and disI qualified for six months on a charge of failing to stop after lan accident, £l5 on a charge of failing to ascertain whether any person was injured, and 1 £5 on a charge of driving without a licence. A charge of careless driving in Wainoni road was dismissed. Duke pleaded guilty to the charge of driving without a licence and not guilty to the lother charges. Senior - Sergeant G. M. Cleary said the pedestrian was crossing New Brighton road when he was struck by a ear which then turned into Wainoni road. Another motorist saw the car was not going to stop and gave chase. It accelerated to 50 to 60 miles an hour and disappeared, but the registration number had been taken. When interviewed, Duke denied he was in the area at the time of the accident. There was a dent on the left front mudguard of his car. Mr K. N. Hampton, who appeared for Duke, said that Duke had not known there ■ was an accident, although he 1 admitted being the driver. He had travelled no more than 35 to 40 miles m hour in r Wainoni road when over- . taking other vehicles, t The defendant must have heard the crash, which was heard by two other motorists, especially after he had seen the pedestrian in front of his car, the Magistrate said. “His haste to get away adds weight to the allegation, and his denial to the police that he was in the area shows he had !■ something to hide.” '| THEFT OF £5 ■ lan Stuart Nicholson, aged 124, a shed hand (Mr G. R. Lascelles), was convicted and remanded on bail for sentence I to November 4 on a charge I of stealing £5 from Janson’s Corsetry Salon on October 15. Decision had been reserved after the hearing on Thursday, when he pleaded not guilty. “If the only evidence were the identification of the accused by the shop assistant, I then I would have to reject I it,” the Magistrate said. However, there had been cor- ' roboration. The accused was in the area at the time, was dressed in clothes similar to those described, disappeared down the street, and had £5 after the offence was committed. THREE MONTHS’ GAOL “I am giving you the maximum sentence because I am not prepared to extend leni- - ency to a person who abuses I the orders of the Court,” said I the Magistrate when he imI posed a sentence of three I months’ imprisonment on I Neville Arthur Brittliff, aged I 23, a manager (Mr M. J. Glue), I who was appearing for senI fence on a charge of driving I while disqualified on October I 20. Brittliff’s period of disqualification was extended for one year. On charges of supplying false information and not having a warrant of fitness on the same date, Brittliff was convicted and discharged. The Magistrate said that in 1962, Brittliff was convicted of dangerous driving and of exceeding 30 miles an hour. In 1963 he appeared on charges of theft and of driving under the influence of drink or drugs, and in 1964 was convicted on a charge of theft.

Early this year Brittliff was convicted on two minor criminal charges, and in May of this year appeared before the Court for driving while disqualified. He was given a chance then, but five months later he was before the Court again on a charge of driving while disqualified. DISQUALIFIED FOR FIVE YEARS “In view of the psychiatric reports, it 'is very questionable whether the defendant should be on the road at all. It is in the public interest that she does not drive a motor-vehicle,” said the Magistrate when he disqualified Ngaire Lorraine Laking, a housewife (Mr R. S. Boland), from driving for five years.

She appeared on three driv- ' ing charges. On charges of ’. careless use and failing to stop after an accident, to which she pleaded not guilty, 1 Laking was convicted and fined a total of £6, and on a charge of not having a driver’s 1 licence, to which she pleaded i guilty, she was convicted and I fined £2, She was also ordered < to pay witnesses’ expenses of i £3. : Garry Neil Atkin, aged 10, i said that at 5.45 p.m. on Sep- ; tember 3 he was cycling in Grahams road, doubling his younger brother on the bar. . He was hit from behind by a car, and knocked to the I ground. The car did not stop. He suffered a minor leg injury as a result of the accident. Sergeant V. F. Townshend, who prosecuted, said that Laking had not held a driver’s licence for the last 20 years. The Magistrate said that because of the long period of cancellation and the defendant’s personal circumstances, he would impose only nominal fines. FINED £3O Nicholas Anthony Thompson, aged 23, a workman, was convicted and fined £l5 on a charge of failing to stop after an accident on the intersection of Fitzgerald avenue and Ferry road on July 31. On a charge of failing to give way at traffic lights on the same date he was convicted and fined £lO and disqualified from driving for three years, and on a charge of failing to ascertain whether any person was injured he was convicted and fined £5. He pleaded guilty to all charges. BURGLARY Graham Reginald Jessett, aged 19, unemployed, who pleaded guilty to a charge of breaking and entering the premises of the Wholesale Clothing Company, High street, on October 28, was convicted and remanded in custody to November 8 for sentence. The accused had been recently released from Borstal, and being short of clothes had broken and entered the clothing store and stolen £45 13s 2d worth of clothes. When interviewed by the police on the same day. he was wearing some of the stolen clothing, Detective-Sergeant A. E. V. Yaxley said. INDECENT ASSAULT Brian Thomas Harris, aged 24. a driver, was convicted and remanded on bail to November 8 for sentence on a charge of indecent assault on a boy aged 11 on September 7. He pleaded guilty. BORSTAL TRAINING “I am by no means satisfied with your mode of living. A period of training and discipline is now required,” said the Magistrate when he sentenced Claire Perriton, aged 19, a waitress, to Borstal training on each of two charges of theft. Perriton was appearing for sentence. DETENTION CENTRE “I am not prepared to tolerate driving while disqualified,” said the Magistrate when he sentenced William Edward Palmer, aged 18, to detention centre training, and disqualified him from driving for a further year, on a charge of driving while disqualified on September 1. Palmer, who was appearing for sentence, was represented by Mr L. M. O’Reilly. PROBATION “You can consider yourself i fortunate that I am not send-

ing you to a detention centre or to Borstal,” said the Magistrate when he admitted Denis Bernard Moller, aged 18, a cook (Mr G. R. Joyce), to 18 months’ probation, and cancelled his licence for a further year, on a charge of driving while disqualified on October 10. Moller was appearing for sentence. FINED £l6 On charges of failing to ascertain whether any person was injured in a motor accident on September 3, careless driving, and driving while not the holder of a licence, John Albert Gearschawski Donnelly (Mr M. J. Glue) was convicted and fined £l6. He pleaded guilty. SUSPENDED SENTENCE George Roger Henshaw, aged 49, a workman, was ordered to come up for sentence within six months if called upon when he appeared for sentence on a charge of being idle and disorderly in that he had insufficient means of support on October 23. THEFT Isabel Ake, aged 22, a housewife, was convicted and remanded on bail to November 8 for sentence on a charge of theft of £3O, the property of George David Coull, from a house at 39 Hooker avenue on October 19. She pleaded guilty. FOUND DRUNK Cyril Francis Banks, aged 38, was convicted and fined £3, in default four days’ imprisonment, on a charge of being found drunk in Cashel street on October 28, having once been convicted of drunkenness within the previous six months. He pleaded guilty. REMANDED Alick Edward Black, aged 46, a carpenter, was remanded on bail to November 4 on a charge of using insulting language in a Transport Board bus on September 11. He pleaded not guilty. Lindsay Charles Alexander MacLaren, aged 17, unemployed, was remanded in custody to November 4 on a charge of false pretences involving a cheque for £33 on October 28. TRAFFIC CASES In traffic prosecutions brought ’ by the police, convictions were entered and penalties imposed as follows: Careless use: Clive William Stoddart Johnstone, £4, disqualified for six months (no driver’s licence, £5); Leon James Hamlin, £5 (failed to ascertain whether anyone was injured, £10): Paul Broughton Taylor Innes, £5: Albert Victor Paris. £8 (disqualified for three months); Ivan Donald McQueen, £5; Richard James Sheldon, £5. Failed to give way: Malcolm Robert Patrick, £7; John Henry Willoughby, £6; Raymond John Napier-Osbourn, £7: Elizabeth Helen Bailey, £6; Peter James Lacey, £7; Patrick Joseph Murphy, £7 (failed to produce licence, £4): John William Fal- • lon, £5; Robert Fuller Williams, ’ £4. Failed to give way at give-way ■ sign: Betty Margaret Hill, £6: ! Kevin John Taylor, £7; Murray L John Flewellen, £7 (no driver’s , licence, £5). ' No warrant of fitness: Kevin l Neil Ballinger, £2: Gwendoline . Merle Halvorsen, £2; James Dawson Tait, £l. Exceeded 30 miles an hour: - Colin Kenneth Platt, £7 (no safety helemt, £3). ’ Provisional licence breach: • Peter Cox, £5. > No driver's licence: Harold ■ Ellis Kerr. £5. Failed to comply with traffic i lights: Dumitrious Maniatis, £6.