MAGISTRATE’S COURT 18 Months Probation On Three Charges Of False Pretences

Press, Volume CVI, Issue 31195, 20 October 1966, Page 10

MAGISTRATE’S COURT 18 Months Probation On Three Charges Of False Pretences

Nirmal Charles Juggernaut, aged 28, a labourer, was admitted to probation for 18 months when he appeared before Mr K. H. J. Headifen. S.M., in the Magistrate’s Court yesterday for sentence on three charges of false pretences. Juggernaut was also ordered to pay £lO towards the cost of prosecution, to make restitution of £22, to live and work where directed and not to have a bank account, except a savings bank account. Juggernaut had obtained £2 from the Eastern Hotel, £lO from the Star and Garter Hotel and £lO from the Lancaster Park Hotel by issuing valueless cheques. Mr M. G. L. Loughnan, for Juggernaut, said this was the accused’s first appearance on charges involving dishonesty. Some time ago Juggernaut had received a substantial sum for compensation. This was paid into a trading bank account. He had not received any statements.

About 15 months ago the account was closed because of lack of funds. When Juggernaut had issued the cheque for £lO in February he was not aware that there were no funds in his account but had taken no steps to ascertain the position. He thought there was about £4O in the account It was most unwise for Juggernaut to have a trading bank account and it would have been more prudent for him to have put the money in a savings bank, Mr Loughnan said. “In view of your background and your somewhat retarded mentality these charges do not warrant imprisonment” the Magistrate said to Juggernaut. CARELESS USE CAUSED DEATH Herbert Walter Reardon, aged 24, a carpenter’s labourer (Mr D. H. Stringer) was convicted and remanded in custody to October 26 for sentence on a charge of careless use of a motor vehicle in Victoria street on September 18, causing the death of Victor Dane Tutauha. He had pleaded not guilty.

The Magistrate said that having heard the evidence of the 19 prosecution witnesses he found it established beyond any possibility of a doubt that the defendant had been driving at an excessive speed

when overtaking another vehicle just before the Kilmore street traffic lights. This in itself constituted negligence, the Magistrate said. “Besides this element of speed and disregarding that of liquor, the defendant failed to keep a proper lookout. He was careless and struck a person who should have been clearly visible to anyone w’ho was keeping a proper lookout,” the Magistrate said. On a further two charges arising from the same incident, one of failing to stop and one of failing to ascertain injuries to both which Reardon pleaded guilty, convictions were entered and similar remands ordered. The Magistrate said that on the charge of careless use causing the death there were certain mitigating circumstances to be taken into account on the question of penalty, but on those to which Reardon had pleaded guilty he was bound to consider a term of imprisonment. They were very serious offences and on each the defendant was liable to a five year term of imprisonment or a fine of £5OO. CHARGE REDUCED A charge against Ken Allan Ogston, aged 19, a wool store labourer (Mr L. M. O’Reilly), of driving at a speed which might have been dangerous on June 12, was reduced to one of careless use of a motor vehicle. Ogston was convicted on the amended charge and fined £l5. He pleaded not guilty to both the original charge and the amended charge. FINED 120 A charge of driving in Ham road on July 23 at a speed which might have been dangerous against Lindsay McCloy, aged 29, a carpenter (Mr R. G. Blunt), was reduced by the Magistrate to one of exceeding 30 miles an hour after the prosecution evidence had been given. McCloy pleaded guilty to this charge, was convicted and fined £2O.

CONVICTED AND DISCHARGED Bruce Cyril Patrick Plews, aged 21, a factory worker, was convicted and discharged when he appeared on a warrant for his arrest issued on October 12 from the bench when he failed to appear as a Crown witness on that date in a case brought by the police against Sander Szucs on two chargee of attempting to obstruct the course of justice. He pleaded guilty to the charge of failing to appear as a witness. The Magistrate said he would convict and discharge Plews considering that he had already spent 24 hours in prison after his arrest. He warned Plews that this offence could carry a substantial fine or a period of imprisonment. FINED £5 Charged with careless use of a motor-vehicle in Johns road on April 28, David John Coull, aged 18, a millhand (Mr A. P. C. Tipping), was convicted and fined £5, and was disqualified from driving for one month. Coull, who was also ordered to pay witness’s expenses of £l, pleaded not guilty. OTHER TRAFFIC CASES In other traffic prosecutions brought by the Transport Department, convictions were entered and penalties imposed as follows, with court costs, £1 10s, on each charge:— Exceeded 30 miles an hour: Peter Joseph Joyce, £3. Failed to stop at compulsory stop: Charles Malcolm Driver, £3. Careless use: William Sibley, £5: William Edgar Dron, £lO. No light on cycle: Kay Pool, £l. Defective vehicle: Paul Clephane, £2. No driver’s licence: Wayne David Berry, £5, disqualified from driving for three months, disqualification to commence on October 26. Exceeded axle weight: Modern Freighters, Ltd. (two charges), £6 on each charge (exceeded heavy traffic licence, two charges, £6 on each charge; exceeded certificate of fitness, £7). (Before Mr E. S. J. Crutchley, S.M.) CAUSED INJURY Charged with careless use of a motor vehicle causing bodily Injury to Shirley May Atkins on June 24, Peter David Collins, aged 26, a business executive (Mr B. J. Drake), was convicted and fined £25, and was disqualified from driving for one year. Collins, who pleaded not guilty, was also ordered to pay witnesses’ expenses of £2. His period of disqualification is to take effect on October 31. Shirley May Atkins said that shortly after 7 p.m. on Friday, June 24, she was crossing the road on the pedestrian crossing on Riccarton road just east of Hansons lane. One car had stopped to let her by, but when she was about in the centre of the road she was struck by an. other car. As a result of the accident, she suffered head and pelvis injuries and a broken arm. Collins said that he had been travelling towards the city on Riccarton road, and as a result of the sudden movement of a car stopped near the pedestrian crossing, he was forced to pull to the centre of the road. He did not see anyone on the pedestrian crossing until It was too late to stop. The Magistrate said that it was not a case of a man driving tn complete disregard of his duty to other road users. CARELESS DRIVING John Stuart Dewar Henderson, aged 23, a carpenter, was fined £5 on a charge of careless use of a car in Wairakei road on January 29. He pleaded not guilty and was represented by Mr B. P. Field. FINED £lO Graham Ronald Daly, aged 16, a cable worker (Mr P. G. S. Pentington), was fined £lO when he pleaded guilty to a charge of exceeding 30 miles an hour on

Waterloo road on April 6. He had previously pleaded not guilty to a charge ot driving in a manner which might have been dangerous. This was later amended to the speeding charge. (Before Mr H. J. Evans, S.M.) £l5 FINE John Thomas Curtis Swale, aged 54, an operations manager (Mr R. A. Young), was convicted and fined £l5, ordered to pay witness expenses of £2, and disqualified from driving for two months when he pleaded not guilty to a charge of failing to give way to the right on Telegraph road on April 7. The charge arose from a collision at the intersection of Telegraph road and Bealey road, commonly known as Charing Cross, which resulted in the death of the other driver, James Clifford Draper. Swale was originally charged with careless use of a motor vehicle causing death, but after part of the defence evidence had been heard the Magistrate reduced the charge. Swale had also pleaded not guilty to the original charge. In his decision the Magistrate said that the reason for this was that there were other factors contributing to Draper’s death which were beyond the control of the defendant. He was not satisfied that the defendant’s actions were the sole cause of Draper’s death. (Before Messrs C. E. Wilkins and H. T. Fuller, Justices of the Peace.) COMMITTED FOR TRIAL Sandor Szucs, aged 28 (Mr W. Wilson) was committed to the Supreme Court for trial on charges of attempting to obstruct the course of justice by claiming that a rental car involved in an accident at Motukarara on July 2 was driven by himself. The second charge was attempting to obstruct the course of justice by telling passengers In the rental car involved in the accident that he was the driver. This offence was also allegedly committed on July 2. Carol Robertson, aged 18,

told the Court that on July 2 the defendant picked up another girl and a man named Bruce Plews. Witness was also in the car. They had driven over to Akaroa about 1.30 p.m. On the return journey the defendant drove as far as the flat road near Little River and Bruce Plews the rest of the way until the accident occurred. Bruce Plews said that when he was approaching a sweeping corner a car had entered the corner from the opposite direction at an excessive speed, on the Incorrect side of the road. The car was forced off the road and rolled down a ditch. Flews said that the police were called. Traffic Officer D. R. Parkes said that he received a radio message to attend an accident at Motukarara. When he arrived he saw a late model car that looked as If it had skidded off the road and rolled down a bank. He attended to the injuries of the passengers and the defendant approached him and told him he was the driver of the car. The officer instructed the defendant to report the accident to the police after going to hospital. The defendant made a statement to Constable R. S. Morgan on July 3. In the statement, the constable said, the defendant said that he was the driver of the car. Mr Wilson called no evidence and the defendant was committed to the Supreme Court for trial.

John William Leonard, aged 24, a workman (Mr R. J. Allan), was also committed to the Supreme Court for trial on three charges of breaking and entering, two of car conversion, one of attempted breaking and entering, and one of theft. The alleged offences took place at Rakaia, Ashburton and Christchurch on July 12, 13 and August 12, 25.

When he appeared before Mr H. K. J. Headifen, S.M., later in the day on a charge of being idle and disorderly in that he had insufficient means of support on August 23, Leonard pleaded not guilty and was remanded in custody to November 16.