MAGISTRATE’S COURT Burglary Charge Admitted

Press, Volume CVI, Issue 31345, 15 April 1967, Page 16

MAGISTRATE’S COURT Burglary Charge Admitted

A 35-year-old mother of four pleaded guilty to a charge of burglary before Mr P. L. Molineaux, S.M., in the Christchurch Magistrate’s Court yesterday. Margaret Robin* McGregor, a petrol station attendant, was charged with breaking and entering the factory premises of Dominion Radio and Electrical, Ltd., in Symes road, on April 5. Detective Sergeant A. B. Dalzell said that on the night of April 5 the premises of Dominion Radio and Electrical, Ltd., were burgled and three television sets, and three transistor radios, of a total value of £340 were taken. It had been determined later that the burglary had actually been carried out by three 15-year-old children, two boys and a girl, Detective Sergeant Dalzell said. The defendant had been questioned and had said she had been approached by one of the children and asked if she required a television set On the night before the offence she had told the children that she would buy as many television sets and electrical goods as they could obtain. Detective Sergeant Dalzell said. McGregor drove the children to and from the scene of the burglary and sat in the car while the offence was committed. Detective Sergeant Dalzell said. All of the goods were taken to McGregor’s home.

One television set, which was not functioning, was disposed of. The set, valued at £ll5, was later recovered but was not repairable, Detective Sergeant Dalzell said. Goods worth £4O had not yet been recovered. Restitution of £3B 15s was sought For McGregor, Mr D. H. Stringer said that it was his impression that the children concerned were “quite experienced in these matters” and that his submissions would be based on the fact that McGregor was led on by the children.

McGregor was convicted and remanded to April 21 for sentence. Bail was allowed, but an application for suppression of name was refused.

FINED 140 Appearing for sentence on a charge of driving under the Influence of drink or drugs in Lyttelton street on April 8, lan Murray Clegg, aged 34, a scrapmetal dealer (Mr R. L. Kerr) was fined 440 and disqualified front driving for three years. The fine was ordered to be paid in three months under the direction and supervision of the probation officer. Mr Kerr submitted It was a case for a fine rather than Imprisonment. The Magistrate agreed and said that the probation report spoke very well of Clegg. DISORDERLY Charged with disorderly behaviour in Cathedral square on April 1. Stephen Bruce Hadfield, aged 18, a general mess-hand, was fined £3. Hadfield (Mr S. G. Erber) pleaded not guilty. “I saw a young fellow on the shoulders of another with both hands on a sign, showing Elvis Presley, above the entrance to the Savoy Theatre,” said G. C. Powers, a part-time nightwatchman at the Bank of New Zealand. "He was trying to tear it down but he did not have much success as it was fairly securely

fastened. There were four youths In the group." Sergeant P. P. Bray said the picture of Elvis Presley, about 3ft high, was still secure when he was first called to the theatre at 11.13 p.m. At 11.45 p.m. he received a call that the youths had returned. «I asked Hadfield U he was connected with the incident. He first denied this but later said he and a second youth had lifted a third youth to try to get the picture. "At the police station he said It was not Ms idea and another youth wanted the picture for his bedroom,” said Sergeant Bray. Mr Erber submitted that no prime facie case bad been established. No-one was being charged with attempted theft, and there was no evidence of disorderly behaviour as such. "His behaviour was simply to hoist someone aloft and I submit that this action was not In itself disorderly," he said. "In my view the defendant formed part of a tableau designed to wrest this sign and I consider that as being disorderly behaviour,” said the Magistrate. BROKE WINDOW For firing an air-rifle at a bird sitting on a New Brighton fence on December 13 last year, Barry Cavin Nicol!*, aged 22. a compositor, was fined 51. The pellet missed the bird and broke the dining-room window of a house further back in the line of fire. Detective Sergeant A. B. Dalzell told the Court. Nicolle pleaded guilty to firing the pel-let and doing 42 damage to the window. He had paid for the damage, he told the Court. SHOPLIFTER Mary Moody Stewart, aged <O, married (Mr M. J. Glue) pleaded not guilty to a charge of stealing cake and biscuits valued at Ils from Woo-lworths, Ltd., New Brighton, on March 14, and was fined 45. Witnesses’ expenses amounted to 43. The Court was told that Stewart had been seen to leave the shop without paying for cake and biscuits she had under her arm in brown paper bags. She had said she had merely forgotten to pay for the items and had not intended to steal them.

In a statement, produced to the Court, defendant reiterated this, and said she had no intention of stealing the items. The Magistrate aald that after considering the evidence he could not conclude it was a lapse of memory. Mr Glue applied for suppression of name. Defendant was a woman of good previous record living In an extremely parochial district. Suppression was refused. Publication was part of the punishment, and persons in the neighbourhood should have the opportunity of knowing about the matter, the Magistrate said. FINED 48 Gary Michael Warren, aged 18, an apprentice bricklayer, was fined 43 on a charge of assaulting A. A. Dearden and 45 on a charge of stealing 8s from A. A. Dearden on March 11. Warren (Mr R. L. Kerr) was appearing for sentence. FOUND DRUNK Pleading guilty to a charge of being drunk In Cathedral square on April 13, having previously been convicted of drunkenness within six months, Denis Ronald Wiliam Kent, aged 37, an unemployed mechanic, was fined 42. CARELESS USE Reginald Gordon Mulrson pleaded guilty to a charge of carelessly using a vehicle on Marine Parade on February 23 and was fined 47. CHARGE DISMISSED A charge of careless use of a van causing the death of Joseph Mahu Harris against Douglas Joseph Harris, aged 28, a farmhand (Mr M. J. Glue) was dismissed. Harris had previously pleaded not guilty. The charge arose from an accident on the main highway near Kaikoura on. December 27. After the prosecution evidence had been heard, Mr Glue submitted that a prlma facie case had not been made out and the driver had not been identified. The Magistrate said he was not at all certain who was driving, and two witnesses had said they had seen another man, Anthony Brown, behind the wheel. Accordingly the charge was dismissed. John William Duffield, a motor engineer, gave evidence of having been in the hotel with defendant and later following his van south out of Kaikoura. He saw the van slide in loose shingle on a curve, run into the rock face on the other side of the road, and rebound, coming to rest facing the way it had come. He saw two bodies fly out of the van.

Until the accident there was nothing irregular about the driving of the van. John Edward Logie gave evidence that he had been asleep in the van and had woken at one stage to find Brown driving. After the accident Logie had told a police sergeant that defendant Harris might have been driving at the time of the accident, the Court was told. Logie was declared a hostile witness.

In Court he said he knew Brown had been driving but as it was a rental vehicle he realised Harris should have been driving, and had said Harris might have been driving because of this. (Before Mr K. H. J. Headifen, S.M.) CARELESS USE

Arthur Delatour Johnston, aged 58, a rubber worker (Mr L. M. O'Reilly) was convicted and ordered to pay court costs and witnesses' expenses of 46 when he pleaded not guilty to a charge of careless driving on Papanul road on January 27. The charge arose from an incident in which the defendant struck a car which had stopped in front of him. (Before Mr H. J. Evans, S.M.) TESTING MOTOR

A man who was testing the new motor of a racing car in Watts road on November 21, was disqualified from driving for one year and fined 415 on a charge of dangerous driving. He pleaded not guilty. The man, Eric Roy Johnston, a garage proprietor, was represented by Mr G. W. Alexander. On a further charge of having no registration plates affixed, he was convicted and fined 45, and for having no warrant of fitness on the vehicle, he was fined 41. He pleaded guilty to both latter ebarges. Traffic Officer L. B. Bolton said it was almost dark when he first saw the defendant driving the car in Watts road on November 21. "It was raining at the time ad visibility was poor. The defendant made a sharp ‘U* turn on the road and then he reached a checked speed of 40 miles an hour travelling along the road. There were no lights on the vehicle," he said. , Johnston said ne would not have been driving as fast as 40 m.p.h. as the motor was just new. He also said the visibility was reasonable at the time. "No person was endangered by my driving as there were no other cars on the road while I was driving along It." OTHER CHARGES

On other traffic charges brought by the Transport Department, offenders were dealt with as follows, with court costs of 30s in. each case:

Proceeding when the way was not dear.—Walter le Compte, 45 and ordered to stt driving test.

Careless use.—John Halnsworth. 48 10s. Exceeding 30 miles an hour.— Normal Albert Lawrence, 48 and disqualified -from driving for three months.