MAGISTRATE’S COURT Fined £58, Disqualified, On Six Driving Charges

Press, Volume CVI, Issue 31143, 20 August 1966, Page 19

MAGISTRATE’S COURT Fined £58, Disqualified, On Six Driving Charges

The defendant, in bis offending, had gone more or less methodically through the Transport Act, Mr K. H. J. Headifen, S.M.. said in the Magistrate's Court yesterday when he imposed fines totalling £5B, and disqualification from driving for a further year, on John Mathew Duke, aged 26, a workman. Duke, who did not appear, was convicted on charges of careless use of a motor vehicle, not having a current warrant of fitness, having no driver’s licence, not having a current licence affixed to his car, and not registering a change of ownership, all on April 28, and failing to notify the Deputy-Registrar of Motor Vehicles of the sale of a vehicle, on May 5. The Magistrate said that Duke had a shocking list. He had been driving for some years without a licence, and already had five previous convictions for this offence. He had six previous convictions for not having a current warrapt of fitness, and at least two for having'an unlicensed vehicle. Duke was already disqualified from driving for 18 months. “I do not consider that long enough,” said the Magistrate.

He had, judging from his record, treated the traffic laws with complete and utter contempt fbr a period of 10 years. IDLE AND DISORDERLY “We seem to have reached an all time low. We have now reached the stage where two young people are appearing before me in one morning on charges of being idle and disorderly,” Said the Magistrate. Robert Marshe, aged 21, unemployed. was convicted and placed on probation fop 18 months, with the special conditions that he take up immediate employment, Jive and work as directed, refrain from the consumption of liquor, refrain from associating with persons not approved of by the probation officer, and open a savings account He was appearing for sentence on a charge of being idle and disorderly on August 15 in that he had insufficient lawful means of support. The Magistrate said that Marshe was being given his final chance. If he came before the court again as a result of laziness, some kind of beatnik living, sleeping out, or some similar disgraceful form of behaviour, he would be sent to an institution. Anthony John Boss, aged 17, unemployed, was also placed on probation for 18 months when be appeared for sentence on a similar charge on August 15. The Magistrate said that Ross was already on probation, but would be given one last chance. If he came before the court again he would be sent to Borstal. ASSAULT "I am faced with delightful uncertainty and vaguene«» tn both lots of evidence .... This is the most unsatisfactory case I have been forced to hear," sa|d the Magistrate when convicting Michael Edward Coutts, aged 20, a cabinet maker, on a charge of assault on Robert Manuera Thoms in Huxley street on April 23. Coutts had pleaded not guilty. His brother, Peter James Coutts, aged 19, an apprentice mechanic, pleaded not guilty to a charge of careless use Of a motor vehicle in Huxley street on April 23. Both charges were heard together and Mr M. J. Glue appeared for both defendants. Michael Coutts was ordered to pay court costs, fl 10s, and £2 witnesses' expense* only. The charge of careless use against Peter Coutts was dismissed but he was convicted and fined 24 on a charge of exceeding 30 m.p.h. in Huxley street en April 22, to which he had pleaded guilty. THEFT OF FIRE EXTINGUISHER Allan Joseph Lytton, aged 32. a seaman, was convicted and fined 25 and ordered to pay restitution of fit when he pleaded guilty to a charge of theft of a fire extinguisher, the property of the Union Steam Ship Company, on August 16. He was also convicted and fined 25 and ordered to pay restitution of 28 lOe when he pleaded guilty to a further charge of wilful damage to four panes of glass, valued at 26 IDs, the property of the New Zealand Post Office, on August It. Senior-Sergeant G. M. Cleary said that when the defendant was Interviewed he admitted the

offences but **id th*t *t the time he was under the Influence of drink. He admitted going into a telephone box and smashing four panes of glass with bia fiat*. He had then gone on board a ship to look for a friend, but when he could not find him, he took a fire extinguisher and threw it in the Ma. THREE MONTHS’ GAOL When ■ disqualified driver drove in defiance of the court’s orders, it amounted to contempt of court and contempt of the laws of the land, said the Magistrate when he sentenced Neville Graham Bunt, aged 34, a mechanic, to the maximum sentence of three months’ imprisonment on a charge of driving while disqualified at Alexandra on May 20. Bunt, who was appearing for sentence, was convicted and discharged on a charge of failing to give his name and address after an accident at Alexandra on May 20. The Magistrate said that in 1964. Bum was sentenced to one month’s imprlsoment for driving while disqualified and white on probation, he now appeared on a further charge of driving while disqualified.

DISQUALIFIED DRIVER Rodney James Birchfield, aged 13, a glazier (Mr M J. Glue), was convicted and fined 230 and was disqualified from driving for one year when he appeared for sentence on a charge ef jrjvlng while disqualified on Mr Giya eaid that the effanca had been committed on the Spur ef the moment. At the time Birchfield had only four days to go before the expiration et his period of disqualification.

INTERFERED WITH CAR “We in New Zealand havte a lot of trouble with people interfering with cars,’ r the Magistrate said. The maximum sentence prescribed by law for this offence was seven years’ imprisonment. he told Dennis Ronald Williams Kent, aged 38, a panelbeater (Mr M. J. Glue), who was appearing on a charge of unlawfully getting into a motorcar valued at 2895 on August 4. Kent, who pleaded guilty to the charge, was convicted and fined 240. Senier-Sergeant Cleary said that at 11.30 p.m. oh August 4 Kent was observed trying handiet of cars parked In front of a dty hotel. Ho found that the driver's doer of a c*r belonging to one of the guests was unlocked, and he got in. Kent triad varioua switched in the ear. Mr Glue said that Kent was very drunk at the time. FINED f> “I am not prepared to tolerate interference with the recreational facilities of this city,” said the Magistrate when he fined Peul Robert Young, aged 18, a trainee technician, 13 when he pleaded guilty to a charge ef riding a power cycle tn St. Albans Park on July 10. He was also fined 24 when he pleaded guilty to a charge of driving in Barbados* street without a licence on July 10. RECEIVING Tony Tahere. aged it, unemployed, pleaded guilty to a charge that on June 29 he received a duffel eoat and a ear coat, of a total value of £24, from Peter TOpa and James Thomas Wilson, knowing them to be stolen. He was eonvieted and remanded in custody to August 26 for a probation officer’s report and sentence. ABSENT WITHOUT LEAVE Charged with being absent without leave from the m.v. Wairewa on August 12, Joseph Herbert Clarke, a seaman, was convicted and fined 225, and was remanded in custody pending deportation. He pleaded guilty. Mr M. J. Cashmere, who appeared for the shipping company. said that Clarke had been absent without leave at numerous ports of call on the voyage out from Liverpool to New Zealand. OBSCENE EXPOSURE William George Forrester, aged 39, a packer, pleaded guilty to a charge of obscene exposure in the Botanic Gardens on August 19. He was convicted and remanded on bail to August 26 for a probation officer’s report and sentence. FIREARM OFFENCES Charged with procuring a firearm without a permit on April 6, and delivering a firearm without a permit between September 1, 1964, and December 1, 1964, Peter Patrick Quinn, aged 51, a workman, was convicted and fined a total ef 25. He pleaded guilty to bqth charges. TRAFFIC CASES In traffic cqses brought by the pelted, Conviction* were entered and penalties imposed as follows, with court costs 21 10s bn daeh charge: Failed to give way.—Wayne Frederick Barrett, 26; Ronald John King, £8; Reginald Stanley Oaktey, 24; Abraham Hiniona, £8; Hugh Thdmas Aeland, 24; William Loveless Palmer, 25; Edwtn Buschmann, 25; Bernard James Macguire. 25; Edward Hltaua. 26; lan Alexander Buchanan, 26; Kevin Hubbard, £B. Drove under influence of drink or drugs: John Galbraith Bennett Hyde, 240, disqualified from driving for three years, ordered to pay medical expenses 23 3s. Careless use: Helen Margaret Smith, 28. Exceeded 30 miles an hour: James Andrew Hoskins, 24, ordered to attend a course of traffic lectures; Paul Joseph Collier. 23; Barry John Milne, £B. interfered with speedometer

ot rental ear: Bente Itxnnond Pockeen, £2O. No driver's licence: Lyndsay Neil Hocking, £4. No warrant of fitness: Colin Wootton. £2. Failed to notify Deputy Registrar of sale of motor vehicle: Alfred George Vincent, costs only. No lights en cycle: Jimmy Lewis. £2 10s. Parked trailer with no rear red light: Leicester George Martyn, £5. Parking offences: Robin John Watts, £l. (Before Mr J. D. Kinder. S.M.) FINED £7 10 s Ernest James Henry Nuttall, aged 53, a chemist (Mr R. G. Blunt), pleaded guilty to a charge that on July 20 at the Intersection of Dee and Severn streets he failed to give way to his right. He was convicted and fined £7 10s. PROCEEDED FROM STOP SIGN Albert Edward Frandsen. aged 59, a bootmaker (Mr Blunt) pleaded guilty to a charge that on June 18 at the intersection of Straven and Fendalton roads he proceeded from a stop sign before the way was clear. He was convicted and fined £lO. FINED £lO Colin James Sheehan, aged 23. a truck-driver (Mr Blunt), pleaded not guilty to a charge that on May 19 at the intersection of Ferry road and Barbadoes street he failed to yield the right of way. He was convicted, fined £lO and disqualified from driving for six months. A partial licence to drive in working hours was granted to Sheehan.

CHARGES DISMISSED Alexander Charles Mitchell, aged 25, a farm labourer Mr W. F. Brown) pleaded not guilty to a charge that on March 5 in Wainoni road he drove carelessly. After hearing the prosecution evidence and submissions from Mr Brown the Magistrate dismissed the charge. A charge of failing to yield the right of way in Hastings street on May 11 against William John Davidson, aged 59. a truck driver (Mr R. F. Perry), was dismissed. He pleaded not guilty. (Before Mr E. A. Vee, S.M.) IDLE ANP DISORDERLY „ John Augustus Jeanes, aged 81, unemployed. was convicted and ordered to come up for sentence within three months if called on when bo appeared on a charge of being an idle and disorderly person in that he had insufficient , lawful means on support on August it. He pleaded not guilty.

DISMISSED A Charge of falling to keep as far as possible to the left of Aidwins road on May 7 against George Mulipola, aged 29, a metal polisher (Mr D. M. Palmer), was dismissed. Mulipola pleaded not guilty and gave his evidence through an Interpreter.

A charge of failing to keep as far left as practicable on a bend tn Locarno street on May 27 against Gary Valentine Hartley, aged 24, a driver (Mr A. Hearn), was dismissed under section 42 of the Criminal Justice Act. Ho pleaded not guilty.