MAGISTRATE’S COURT Fined £25 And Disqualified On Fatal Driving Charge

Press, Volume CVI, Issue 31238, 9 December 1966, Page 9

MAGISTRATE’S COURT Fined £25 And Disqualified On Fatal Driving Charge

Brian Gordon Taylor, aged 18, a student (Mr D. H. Hicks) was fined £25, and his driver's licence was cancelled for a year when he was convicted in the Magistrate's Court yesterday by Mr P. L. Molineaux, S.M., on a charge of careless driving causing the death of Joseph Thomas Turnbull on March 25 in England street. He pleaded not guilty. Morris Bassett McClury, a taxi-driver, said that on March 25 at 7.45 p.m. he was ’ravelling east in Gloucester street. When he was approaching the intersection of Eng,and street he noticed car lights approaching on his left The car seemed to be travelling quickly. The witness slowed down and prepared to stop.

The car on his left continued in front of him at a speed execeeding 30 miles an hour and collided with a car travelling west on Gloucester street. McClury said that he telephoned for the police and an ambulance. Dr. Leonard Lawrence Tredgold, a pathologist, said that he conducted a post-mortem examination of Turnbull on March 26. The cause of Turnbull's death was shock and hemorrhage due to severe internal injuries. The injuries were consistent with injuries suffered in a motor accident

The Magistrate said that he was satisfied that a reasonably prudent driver would have slowed down and kept a proper look-out when he entered the intersection. He said he was satisfied that the defendant did not do this. His failure to do so caused the death of Turnbull. CHARGES DISMISSED

A charge of driving a car while under the influence of drink or drugs in the Weka Pass on November 13 against Brian Francis O’Dea, aged 21, a student (Mr M. O’Reilly) was dismmised. He pleaded not guilty. A joint charge of having possession of liquor near a dance hall at South Brighton on October 22 against Leslie Lindsay Smith, aged 17, a musterer and David Lindsay Flewellen, aged 18, an apprentice carpenter (Mr P. F. Tempero) was dismissed. They pleaded not guilty. (Before Mr E. S. J. Crutchley, S.M.) BURGLARY CHARGES Kenneth Raymond Munro, aged 19, a workman, pleaded guilty to 15 charges of burglary and Graeme Joseph Lawrence Apps, aged 17, pleaded guilty to 14 charges of burglary. They were remanded in custody to December 15 for sentence. The Magistrate made an order that they be kept apart from adult prisoners. Sergeant F. G. Mulcare said the value of the property stolen and the damage caused amounted to about £BOO. Munro, who had not worked for two months, had previous convictions. Apps was born in Australia and had been in New Zealand for about six months. Restitution amounted to £646 18s. FALSE PRETENCES David George Keenan, aged 30, a contractor, was remanded in custody to December 15 for sentence on four charges of false prentences involving valueless cheques. The firms to which the cheques were presented were S.I. Tyre Sales and Salvage, Ltd., Williams Fruiterers, Lakes Store, Ltd., Colombo street and Hobbys Men’s wear. Sergeant Mulcare said that Keenan told the police that he committed the offences because he was short of money. He had previous convictions. BURGLARIES Paul Pancho Dewes, aged 17, a woolpresser (Mr J. H. M. Dawson) and Paul Cunningham, aged 20, a carpenter. (Mr M. J. Glue) pleaded guilty to a joint charge that on November 13 they broke and entered a house at 492 Gloucester street.

Cunningham also pleaded guilty to a charge that on November 13 he broke and entered a house in Gloucester street. Dewes pleaded guilty to a further charge that on November 13 he broke and entered a garage belonging to John Leo Redden, situated at 243 Lichfield street. Sergeant Mulcare said the occupier of a house at 492 Gloucester street had been disturbed about 2 a.m. on November 13 by persons in her bedroom. She had given chase, but was unsuccessful. When she searched her home she had found that a handbag containing £4O was missing. When interviewed both Cunningham and Dewes had admitted the burglary.

In the charge against Cunningham the occupier, Mr Lumsden, had been awoken by an intruder about 4.30 a.m. and had unsuccessfuly given chase.

Later, when he had searched his premises, he found that £62 10s in cash and cheques had been taken and other property valued at £l6 10s had also been taken. When interviewed Cunningham said he had spent the cash, about £42 and burned the rest. Dewes and Cunningham were convicted on each of the charges and remanded in custody till December 15 for a probation officer's report and sentence.

On a joint charge against Dewes and Cunningham that on November 13 in an attempt to avoid detection in the commission of the crime of burglary they wounded Nina Mary Harper they were remanded till December 21 for a Lower Court hearing.

Charles Lennos Dewes, aged 20, a carpenter, (Mr D. M. Palmer) was remanded till December 15 on a charge that on November 13 he received from Paul Pancho Dewes salad bowls of a total value of £1 10s, knowning they had been dishonestly obtained. IDLE AND DISORDERLY Leslie Arvid Dillon, aged 50, an unemployed worker, was gaoled for one month when he appeared for sentence on a charge that on November 29 at Kalapol he was deemed to be an idle and disorderly person in that he had insufficient lawful means of support. CREDIT BY FRAUD David MacDonald, aged 25, a butcher, was remanded on bail to December 15 for sentence on two charges of obtaining credit by fraud at Hamilton and Wellington. one of disposing of goods subject to a hire-purchase agreement and thereby defrauding the vendor and one of stealing a car, valued at £l3O. Sergeant Mulcare said that MacDonald told the police that he had sold the furniture at Frankton because he was on Social Security and needed the money. PROBATION Brian John Raven, aged 28, a painter, was admitted to probation for three years and was ordered to make restitution of £76 8s when he appeared for sentence on three charges of burglary involving the shop of A. A. Glendinning, Ferry road, Wainoni Drapery, Ltd., and Ritchie Electrical and TV, Ltd., Wilsons road. Mr D. H. Stringer, who appeared for Raven, said that the medical reports showed that this was a somewhat unusual case. After Raven had committed a number of crimes some time ago he had done everything possible to avoid offending again and had taken psychiatric treatment. He had only got into trouble because of his association with a man who was sentenced to two years’ imprisonment on nine charges of burglary. Raven had been having marital difficulties. The Magistrate said that the Court had an obligation to society regarding serious offences such as burglary. Since 1962 Raven had made an extraordinary effort to settle down after having a bad record. It was true that he had been subject to stresses such as the economic loss he suffered with the credit union. NAME SUPPRESSED “It is a greaty pity that at the age of 53 you exchange your good name for a few shillings,” the Magistrate told a woman, whose name he suppressed, after she had pleaded guilty to charges of theft of 14s lid between November 18 and November 28 and theft of 4s 6d on November 30. The woman was convicted on both charges, fined £5 for the theft of 14s lid and discharged on the charge of theft of 4s 6d. Mr J. W. Dalmer appeared for her. OBSCENE LANGUAGE Rangi Manlapoto, aged 19, a labourer, was fined £7 10s on a charge of using obscene language within the hearing of a public place—Manchester street —on December 7. He pleaded gutlty. DISORDERLY BEHAVIOUR Frederick Joseph Clarence Macey, aged 17, a farm labourer, and Ross Alexander Carstairs, aged 20, a labourer, were remanded on bail to December 15 for sentence on separate charges of disorderly behaviour in Seaview road. New Brighton, and assaulting Graham Lawrence Hooper. They pleaded guilty to both charges. Sergeant Mulcare said that the defendants approached a car containing a number of youths. They punched one of them named Hooper and the car door was slammed, breaking a window. DRUNKENNESS Allan Mackenzie-Aitcheson, aged 59, a freezing worker, was fined £2 on a charge of being drunk on the Main North road at Belfast on Wednesday, having been convicted of a similar offence within the last six months. He pleaded guilty. BROKE INTO FLAT Ruth Rangi, aged 18, was remanded on bail for sentence to December 15 on a charge of breaking and entering a flat at 320 Madras street on December 7. She pleaded guilty. Sergeant Mulcare said that Rangi entered the flat by opening the window with a knife. She made a search but took nothing. She had told the police that she was looking for money to buy food for herself and clothing for her infant child, who was staying with relatives. HARBOURING Judith Ann Butler, aged 18, a machinist (Mr N. D. Thomson) pleaded not guilty to a charge that between August 5 and August 15 she harboured an escaper from a Child Welfare home. She was convicted and fined £5. CHARGE DISMISSED Edgar Liblik, aged 48, a carpenter (Mr D. M. Palmer) pleaded not guilty to a charge of driving in Memorial avenue on October 30 while under the influence of drink or a drug and guilty to a charge of carelessly using a motor vehicle. The charge of driving under the Influence was dismissed. On the charge of careless use he was convicted, fined £5 and disqualified for three months. REMANDED Trevor Christopher Reekie, aged 24, a painter, appeared on charges that on November 30 he assaulted Detective Donald Norman Stewart, escaped from lawful custody and resisted Stewart, a police officer in the execution of his duty. Reekie was also charged that on November 30 he wilfully damaged clothing valued at £2B ss, the propertv of Stewart, a shirt valued at £1 3s. the property of the Police Department, and, a typewriter, the property of the Police Department to the extent of £5. On all charges he was remanded on bail till December 15. (Before Messrs G. XV. Fairweather and L. H. Petrie, Justices of the Peace) COMMITTED FOR TRIAL Thomas Augustus Trevathan. aged 22, a soldier (Mr P. D. A. Hinchliff) was committed to the Supreme Court for trial on a charge of attempted rape at Burnham on November 19. He pleaded not guilty. (Before Messrs J. B. Smith and C B. Phillips. Justices of the Peace) CHARGE PART HEARD Ernest James Brown, aged 26. a press operator, was remanded on bail until today on a charge of raping an 18-year-old girl on November 8. The prosecution had not concluded Its case during the taking of depositions, Mr M. J. Glue appears for Brown. (Before Mr H. T. Evans, S.M.) GAMING ACT OFFENCES Complaints received by the police of raffles being run in the West Melton Hotel resulted in three persons appearing on charges under the Gaming Act. They were John Alexander Steele, aged 21. a male nurse who was charged with assisting in the conducting of a common gaming-house on October 22: Joan Theresa Northcott. aged 36. a barmaid, charged with a similar offence; and John william Tancred Blance, aged 37, a hotelkeeper. I Blance was charged with using

the premises of the' West Melton Hotel as a common gaminghouse. All were represented by Mr W. F. Brown, and all pleaded guilty. Steele and Northcott were both fined £3 and Blance was fined £l5. DISQUALIFIED Raymond Gordon Crespln, aged 41, a company representative was fined £35 and disqualified for three years on a charge of driving while under the influence of drink or drug. Deteetlve-Sergeant D. Porteous said that Crespin was apprehended by a traffic officer in Dean's avenue at 11.50 p.m. on November 7 after having been observed driving in an erratic manner. His vehicle was not showing lights. He was certified by a doctor as being unfit to drive. Crespin, who pleaded guilty, was represented by Mr B. J. Drake. ASSAULTED CONSTABLE "You have an unruly disposition,” the Magistrate told Clive Charles Sumner who was appearing for sentence on charges of using obscene language and assaulting the police. Sumner had interfered when the manager was trying to eject his brother from a city dance hall, and used the language complained of and assaulted a constable who had been called. Sumner, aged 17, a freezing worker, was fined £lO for using obscene language in the foyer of the Mecca dance hall, and £l5 for assaulting Constable Frank Wilfred To b bell in the execution of his duty. He was also placed on probation for IS months. THEFT AND FORGERY After submissions by counsel (Mr A. P. C. Tipping) who said that although the defendant had a serious previous record, he had voluntarily returned from Australia to face the Court, Barry Thomas Jack, aged 24, a driver, was placed on probation for two years. Jack was appearing for sentence on one charge of theft and one of forgery on June 22. He was fined £lO on each, and ordered to live and work where directed by the probation officer. ADJOURNED The hearing of one charge of stealing a cheque book, and one of attempted false pretences against Murray Herbert Curwood, aged 21, a cable factory worker, was adjourned after four of the five prosecution witnesses had been heard. Curwood pleaded not guilty and appeared on his own behalf. He is charged with stealing an A.N.2. bank cheque book the property of Roger Anthony Bonifant on or about April 7, and with attempting to defraud Morgan Alexander O’Brien of £2 Ils 6d by use of an invalid cheque.

MISCELLANEOUS PROSECUTIONS Commenced to erect building without permit: Hodgeon and Packer, Ltd., £4 (eolicltor’e fee, £3 3«). Exceeded 30 m.p.h. on motorcycle in Lyttelton road tunnel: Gavin John Bailey, S 3 10« (exceeded 30 m.p.h. with pillion ftassenger and driver not wcarng eafety helmets, S 3): Joseph Adrian Falll, 0 10s (exceeded 30 m.p.h. with pillion passenger and rider not wearing eafety helmets, SI; made U-turn in tunnel, 11). Used car in tunnel without rear red light: Thomas Henry Brown, £2 (car tn tunnel with concealed rear regietratlon plate, £2). Failed to furnish return of income: Charles George Debenham, £3 on each of two charges. No radio licence: Frederick Keith Derbyshire, £3; David Merritt, £3; Brian Annett Newell, Is. No television licence: Ernest Derek Harrop, £10; Donald John Rosewarne, £lO. Failed to deliver reconciliation statement: Alexander Hay, £10; Thomas Marinus Koppes, £2; Frederick William Tarry, £2; Murray Robert Knox, £2. Sold unsound meat pies: Jaga Gopal, trading as Gopal's Dairy, £6.

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