MAGISTRATE'S COURT Youths Sentenced For Burglary And Receiving

Press, Volume CVI, Issue 31247, 20 December 1966, Page 13

MAGISTRATE'S COURT Youths Sentenced For Burglary And Receiving

“Burglary in Christchurch has reached serious proportions and the citizens are entitled to look to the Court for protection,” said Mr K. H. J. Headifen, S.M., in the Magistrate’s Court yesterday when several youths appeared before him on charges of burglarly and receiving stolen property.

Timothy Charles Clare, aged 17, unemployed was sent to Borstal when he appeared for sentence on six charges of burglary. He was not represented by counsel. , “You decided to commit these burglaries instead of getting a job and I consider it essential in the public interest that you be sent to Borstal,” the Magistrate said. David Barry Grant, aged 18, a tyre builder, was sentenced to Borstal training when he appeared for sentence on five charges of burglary. Mr D. J. Hewitt, for Grant, said the accused had an unfortunate family background. There was friction between his parents and he had had a number of jobs. Grant had been associating with the wrong type of companions. “You were one of a gang of youths living in a flat who committed a number of burglary offences,” the Magistrate said. “A deterrent sentence must be imposed in the public interest.”

Vincent Alexander James, aged 17, a shoemaker, was fined £lOO, admitted to probation for two years, and ordered to live and work where directed, not to associate with persons disapproved of by the probation officer, to abstain from liquor and to open a savings account, when he appeared for sentence on four charges of burglary. Mr R. J. Allen, for the accused, said that James had spent two weeks in custody. He was not the ringleader of the gang. He had been handicapped throughout his life. His father disappeared when he was very young and he had been placed in an orphanage. When his mother had remarried he had gone to live with her but there had been friction in the home. Later his mother died. The accused’s educational standard was not high and he was a weak person who was easily led. He had savings of about £l6O, Mr Allen said. “Although this is your first appearance in Court and you are only 17 these offences well merit Borstal,” said the Magistrate. “You have not got a good background and are mentally retarded. If you appear again for offences involving burglary you will certainly go to Borstal.” John David Claydon, aged 18, a builder’s labourer, was placed on probation for a year and was ordered to make restitution of £2 10s, to iive and work where directed, not to associate with persons not approved of by the probation officer and to open a savings account. He was appearing for sentence on a charge of receiving 20 packets of cigarettes, valued at £2 10s, when he knew they had been dishonestly obtained. Mr J. M. Wilson, who appeared for Claydon, said the accused had a limited education and left school when he was 15. During the last three years he had disregarded his parents’ advice. Claydon had not played a part in the burglary but had been invited to help himself to the cigarettes by his flatmates. He had been very co-operative with the police and was now back living with his parents and was going to be employed by his father.

“You have got a bad record and it is not enhanced by your association with criminals,” said the Magistrate. “I acknowledge that you formed associations in Borstal which are difficult to break. You will be given a last chance.”

Paul Donald Pullman, aged 17, a labourer, was sentenced to a term of Borstal when he appeared for sentence on a charge that on December 3 he broke and entered the premises of Dingwall and Paulger, Ltd., Antigua street. The Magistrate told Pullman that his record was a bad one. Pullman was another example of a 17-year-old who had been before the Children’s Court on a charge of drinking liquor in a railcar, who had moved to a flat with five others all of whom had been associated with breaking offences and now he said the recent offence had occurred because of heavy drinking.

Seventy thousand cigarettes had been taken of which the police had recovered 29,000. Pullman said that the police had recovered all the cigarettes which had been taken but Pullman had twice broken into the premises, on the one night. Notwithstanding Pullman’s age and that he was appearing before the Court for the first time he was not prepared to tolerate such offences, the Magistrate said, and Pullman would be sent to Borstal.

On a charge of resisting Constable L. R. Bruce Pullman was convicted and discharged. Melville Charles Smith, aged 17, a foundry worker (Mr M. J. Glue) was placed on probation for 12 months when he appeared for sentence on a charge that between November 21 and December 4 he received cigarettes of a total value of £2 10s knowing them to have been dishonestly obtained. Conditions of the probation were that he make restitution

of £2 10s, live and work where directed by the probation officer, refrain from associating with persons of whom the probation officer did not approve, that he refrain from alcoholic liquor and that he open a savings bank account and pay into it amounts as directed by the probation officer. INDECENT ASSAULT

Keith Douglas Hall, aged 40, a factory hand (Mr M. J. Glue), pleaded guilty to six charges of indecent assault and one charge of incest, involving children between the ages of 10 and 13 years. He was remanded in custody to December 22 for a probation officer’s report and sentence.

Sergeant J. M. Phelan said that after a complaint to the police about the misbehaviour of children, the police interviewed the defendant at his home.

Hall admitted to the police that the offences had taken place. He said he had had sexual relations with one of his family for the last 18 months.

All the offences had taken place while Hall’s wife was away, Sergeant Phelan said. Children often came to the defendant’s home and Hall had sexually interfered with them, Sergeant Phelan said. On one occasion, Hall had organised a game with the children, and as a result of the game, interfered with two boys in the presence of some girls.

The offences took place between January and November this year. FINED, DISQUALIFIED

Charles Bayne Myhre, aged 63, a retired storeman, was fined £5O and disqualified from driving for three years when he pleaded guilty to a charge of driving a motor vehicle on December 17, while under the influence of drink or drugs. Sergeant Phelan said the defendant was stopped by a police constable after he had driven down Harper avenue, Bealey avenue, Fendalton road and Woods lane. On the intersection at the Carlton Mill bridge, he almost collided with a car, and took off from the lights and swerved on to the wrong side of the road. When stopped, Myhre was very unsteady on his feet, and after a doctor had examined

him, was found unfit to drive. FINED £4O Thomas Docherty Gill, aged 20, a stacker, was fined £4O on a charge of theft as a servant, of concrete blocks valued at £23 3s Bd, the property of Vibrapac Blocks, Ltd. He was appearing for sentence.

“With a record like yours you can consider yourself extremely fortunate that you are not going to prison,” the Magistrate said. “In April, 1964, you were placed on probation for one year and a half on charges of theft and false pretences. Now that you have a wife and child to support, you should be very careful what you do. BURGLARIES ADMITTED Raymond Robert Williams, aged 27, a boilermaker, was remanded on bail to December 22 for sentence on charges of breaking and entering the premises of Chisnell’s Drapery, Ltd., Cossar street, and Roberts Food Supply, Parnwell avenue, on November 4. He pleaded guilty to both charges. Sergeant Phelan said Williams admitted the offences when seen by the police. He said he had committed the offences because of sickness and money troubles. He had six children. Restitution amounted to £62 4s Bd. He had previous convictions. SIX MONTHS’ GAOL

Joseph Gilmore Owen Rowlands, aged 26, was sentenced to six months’ imprisonment to be served concurrently with his present sentence, after he had pleaded guilty to three charges of burglary at Auckland in December, 1965. Mr D. J. Hewitt, who appeared for Rowlands, asked that the charges be treated as washing-up ones.

FINED £3O Wayne David Beri, aged 21, a bottle dealer, was fined £3O and disqualified from driving for a further year on a charge of driving while disqualified in Lichfield street, on December 17. On a further charge of having no warrant of fitness, he was convicted and discharged. He pleaded guilty to both charges and was represented by Mr A. Hearn.

TWO CHARGES ADMITTED Alistair Rex Clive Reardon, aged 17, unemployed, was remanded in custody to December 22, for sentence on charges of being idle and disorderly in that he had insufficient lawful means of support, and of stealing a camera, brandy and goblets, of a total value of £2O, the property of Arthur John Travis. He pleaded guilty to both charges.

Sergeant Phelan said that Reardon was arrested after he had been questioned by a detective in Gloucester street. He had not been in steady employment since February. CHARGE DISMISSED A charge against Veronica Ann Reed, a housewife, of careless driving on Woodham road on October 23 was dismissed. She pleaded not guilty and was represented by Mr A. P. C. Tipping. CARELESS USE Elliott Nopera Kereopa, aged 22, a storeman (Mr L. M. O’Reilly) was fined £5 on a charge of careless use of a motor vehicle on September 30 on the Main North road. He pleaded guilty. On a further charge of having no driver’s licence he was fined £l, and disqualified from driving for one month. Mr O’Reilly said Kereopa fell asleep while he was driving and his car crossed the road and struck a stationary bread van.

His own car was extensively damaged and because he had no driver’s licence Kereopa could claim no insurance, Mr O’Reilly said. He asked that a small fine > be imposed. DETENTION Russell James Silcock, aged 19, a welder, was sentenced to a detention centre and disqualified from driving for a further year from April, 1967, on a charge of driving while disqualified in Dunedin on October 1.

On three further charges of supplying false information to a police officer,' wilfully damaging a car door valued at £5 and theft of three kapoc pillows valued at £2, he was convicted and discharged. ASSAULT Leo Foley, aged 21, a seaman, and John George Foley, aged 23, a clothing salesman, pleaded guilty to a charge that on De. cember 17 they assaulted Patrick Charles Adams. Each was convicted and fined £lO. Mr G. R. Lascelles appeared for both. Sergeant Phelan said that about 11.35 p.m. on December 17 a taxi had been summoned to the Foleys’ residence. On arrival the driver was told to wait. He did so but after a time went to the rear of the house. There he was accused of peering through the windows and the assault followed. NAMES SUPPRESSED A youth, whose name was suppressed (Mr A. K. Archer) pleaded guilty to two charges of receiving automobile P a fts and tools of a total value of £« 12s, and three charges of theft from his employer of tools and parts of a total value of £B6 10s. He was remanded on ban till December 22 for a probation officer’s report and sentence, A youth, aged 18, whose name was suppressed, was remanded on bail to December 22 on a charge of theft as a servant of two sleeping bags valued at £l2 Us on November 17. He pleaded guilty to the charge and was represented by Mr K. S D. Twyneham. ‘A 17-year-old trainee nurse, whose name was suppressed was fined £5 on a c^ ar / e °. f receiving a sleeping bag valued at £6 5s knowing it had been dishonestly obtained. She pleaded guilty to the charge.

BURGLARY Michael Roland Poharama, aged 18, unemployed, pleaded guilty to four charges of breaking and entering premises, and one charge of false pretences. On all charges he was convicted and remanded in custody for a probation officer s report and sentence on December 22.

WILFUL DAMAGE Stuart Gary Akers, aged 17, unemployed (Mr P. J- Thompson), was fined £5 and ordered to make restitution of £lB 13s 4d when he pleaded guilty to a charge of wilful damage of a plate-glass window, the property of L. J. S. Flesher and Son, Ltd., on December 12.

REMANDED . Maurice James Frederick Smithers, aged 17. unemployed, pleaded guilty to charges of obscene exposure in Gloucester street on December 16, unlawful sexual intercourse a & irl aged between 12 and 16 years on April 24, and of failing to report at a periodic detention centre on July 16 when instructed to do so. On each charge he was convicted and remanded in custody for a probation officer’s report and sentence on December 22. Allan Francis Cunard, a butcher, appeared on a charge that on December 17 he carried on business as a bookmaker. He was remanded on bail till January 16.

John Henry Melhopt, aged 34, a labourer, was remanded to a mental hospital until January 19 on a charge of assault with intent to commit rape on a baby aged 20 months. Peter William Balchin, aged 19, an upholsterer (Mr J. R. Milligan), was remanded In custody until January 26 on a charge of assault with intent to commit rape on November 21. MISCELLANEOUS OFFENCES Minor consumed liquor In bar: Stuart Donald Carran. £5 (gave false particulars, £10); Haami Tahere, £3. Unlawfully on racecourse: Terrence McDonald, £2O; Claude Robert McQuaid, £l2.

Found on licensed premises after hours: Leonard Albert Brown, £5 (minor purchased liquor, £5).

(Before Mr D. L. Molineaux, S.M.) TRAFFIC CASES ADJOURNED After submissions by counsel, Mr P. G. S. Penlington, a charge of careless driving against Philip Rex Robinson, aged 18, an apprentice aircraft engineer, was adjourned. The police were instructed to give further information on the charge to the defence.

Mr Penlington said that the accused was suffering from retrograde amnesia, which prevented his remembering events leading up to the accident.

He said that he had written to the police in an attempt to secure information In order to prepare a defence, but had received no reply. Mr Penlington quoted a similar case in which the Court of Appeal had decided against police liability to forward information to the defence. But in the summary of the decision, particular circumstances were cited in which the police should forward Information to the defendant. Mr Penlington submitted that Robinson’s case was one which fell into this category. CARELESS USE A multiple collision on Marshland road on May 18 resulted in Donald John Wakefield appearing on a charge of careless use of a motor-vehicle.

Wakefield pleaded not guilty and was represented by Mr A. K. Archer.

The Magistrate said that the accused had collided with two cars, one proceeding in the same direction and the other travelling the opposite way. "I am inclined on the evidence,” he said, “to think that the accused attempted to overtake.” Wakefield was convicted and fined £lO. DID NOT GIVE WAY Ronald Leslie Sparrow, aged 57, a company director, was fined £6 on a charge of failing to yield right of way when turning right from Office road into Papanui road on October 10. Sparrow (Mr R. A. Young) pleaded not guilty. He said that when he collided with a powercycle ridden by Frances Gay Standish, his vision had been obscured because of parked cars and a petrol sign. (Before Mr H. J. Evans, S.M.)

PROBATION A young woman, whose name was suppressed, was placed on probation for 12 months when she appeared for sentence on a charge of being an idle and disorderly person on December 5 in that she had insufficient lawful means of support. Special conditions of probation were that she live and work where directed and refrain from associating with people of whom the probation officer did not approve. DETENTION CENTRE David Graham Brophy, aged 18, a factory hand, was sentenced to a period in a detention centre when he appeared for sentence on charges of unlawfully taking motor-vehicles at Timaru and Pleasant Point, one charge of theft and one charge of failing to report to a periodic detention centre as directed. FINED £l5 Murray Herbert Curwood, aged 21, a factory worker, was fined £l5 and placed on probation for 18 months with the special conditions that he lives and works where directed, that he pays the fines and costs as directed and that he refrains from associating with persons of whom the probation officer does not approve. He was appearing for sentence on a charge of theft of a cheque-book.

(Before Messrs T. Smith and O. C. Mitchell, Justices of the Peace.) COMMITTED FOR TRIAL Michael Kara Adams, aged 23, unemployed (Mr W. A .Wilson), was committed to the Supreme Court for trial on a charge of theft of £2B from the Asian Cafe on November 15.

Adams pleaded not guilty to the charge.