MAGISTRATE’S COURT Accused Sent To Supreme Court For Sentence

Press, Volume CVI, Issue 31362, 6 May 1967, Page 20

MAGISTRATE’S COURT Accused Sent To Supreme Court For Sentence

Hugh Neville Stubbs, aged 19, a freezing works labourer, was sent to the Supreme Court for sentence when he appeared in the Magistrate’s Court yesterday for sentence on a charge of injuring J. M. Hokianga near Little River with intent to cause bodily harm on March 24. “I was wondering whether a charge of attempted murder wouldn’t have been more appropriate,” said Mr P. L. Molineaux, S.M. “The more I' look at this, the more serious it becomes. This boy was struck from behind and all he was doing was filling the radiator.”

The Magistrate held up a socket wrench with which Stubbs had hit Hokianga and said that, in the way it was used, it became a lethal weapon. The Magistrate said the defendant left Hokianga on the ground on a deserted road for 12 hours and had showed a callous disregard for a human being. Hokianga had suffered “appalling skull injuries and there is some doubt as to whether or not he will be sane. He could be certified.” It seemed inappropriate that the penalty should be considered in the lower court, said the Magistrate. Stubbs; was represented by Mr M. J. Glue. On a further charge that at Auckland on March 5 be failed to report to a work centre after being sentenced to periodic detention for theft, burglary and unlawfully taking a car, Stubbs pleaded guilty and was remanded in custody until May 19. BURGLARY Two men who consigned the proceeds of a burglary to Wellington by rail were remanded until May 12, for probation reports and sentence when they appeared on two charges of breaking and entering. Richard Wayne Richardson, aged 22, a painter, and David John Cummuskey, aged 24, a labourer, both pleaded guilty to the burglary of the Bower Food Supply on or about April 24 and of a house at 69 Medway street on March 26. Sergeant A. D. Stevenson said that on the evening of April 23 or 24, the Bbwer Food Supply was broken into. Entry had been gained by smashing a rear window through which the door was unlatched. A transistor radio and other goods valued at £290 9s were taken. On March 1, the Wellington police searched a Wellington fiat and found goods to the value of £156 9s 2d. Richardson and Cummuskey had packed the stolen property in a tea chest which they consigned to Wellington, and they left for Wellington after throwing some unwanted booty into the Avon river. The two had, on March 26, forced a fanlight in a house at 69 Medway street, and had

broken in and taken eight shirts and a sewing machine. They burned the shirts and threw the sewing machine into the Avon, said Sergeant Stevenson. CASB ADJOURNED “The probation report recommends some sort of supervision. Periodic detention has been suggested, but there are no vacancies there at the moment, said the Magistrate when Toka Mauhini, aged 17, an apprentice panel-beater, appeared for sentence on charges of stealing two padTß of socks on April 29 and of being found by night without lawful excuse peeping into the window of a house.

Sentencing was adjourned for three months and “that may well be the end of the matter,” said the Magistrate. Leave was given for the prosecution to bring the case before the Court again at five days’ notice. BORSTAL lan Stanley Luscombe, aged 17, unemployed (Mr K. N. Hampton) was sentenced to Borstal on each of two charges of theft and one charge of burglary. Mr Hampton said the probation report said Luscombe was of weak character, easily led and was reluctant to mend hie ways. “He was subject to only token discipline from his parents,” said Mr Hampton. Previous efforts had not worked and Luscombe had a varied list of convictions, said the Magistrate when imposing sentence. PINED 15 “It explains but does not excuse,” the Magistrate told Barry Cavill Nlcolle, when he said drink was the cause of his peering into a dwellinghouse in Breezes road on May 4. Nico Lie, aged 22, a printer, pleaded guilty to the offence and was fined £5. Sergeant Stevenson said Nicolle was seen peering into the bedroom and bathroom of a home in Breezes road for about half an hour after 11 p.m. He had been drinking but was not drunk, Sergeant Stevenson FINED £3O John Francis Hey don, aged 19, an apprentice sheet metal worker (Mr G. T. Mahon), was fined £3O when he appeared for sentence for theft of 12 car parts valued at £lB 2s 6d, the property of Kevin John Maher, on April 28.

On a further charge of unlawful conversion of a motor car valued at £5O he was released on probation for 18 months. An order for restitution of the car parts was made.

Mr Mahon said Heyden was led further into the offences than he intended, by his friends. His own car had a defective part and he saw this other car of the same model and make and took it. He only took the carburettor off the stolen car but his friends went further and removed other parts. The Magistrate said, the prevalence of the offences was getting to the stage where conviction meant some deprivation of liberty for the offender. However, Heyden was a young man who had led a decent life. NAME SUPPRESSED An 18-year-old storeman whose name was suppressed was convicted and ordered to come up for sentence in six months if called on when he appeared

for sentence on a charge of assault on March 7. He was represented by Mr P. G. S. Penlington. TOOK £3500 TRUCK Anthony John Keating, aged 20, a woolstore worker, pleaded guilty to charges that on different dates he unlawfully took a truck valued at £3500 and two cars each valued at £350. He was convicted on each charge and remanded in custody for sentence on May 8. PERIODIC DETENTION Garry Walter Le Comte, aged 18, a foundry worker, was sentenced to periodic detention for six months when he appeared on two charges of burglary. The Magistrate ordered that the terms should be served concurrently. On charges of unlawfully taking a motor car and of unlawfully getting on to a motor-cycle he was sentenced to probation for 18 months. CONVICTED AND DISCHARGED Bryan Reginald Price, aged 87, a labourer, was convicted and discharged when he appeared for sentence on a charge of breach of probation. The Magistrate said that Price had already been dealt with on other matters by the Supreme Court. FINED £2O Walter Thomas Heller, aged 57, a pensioner, pleaded not guilty to a charge that on April 19 in Harper avenue he drove a motor vehicle while under the influence of drink or a drug. He was convicted, fined £2O and disqualified for three yeans.

TRAFFIC CHARGES In traffic prosecutions brought by the police, convictions were entered and penalties imposed as follows, with Court costs of £1 10s on each charge. Failed to give way: David Boden Flutey, £10; Peter Beaumont, £7; Reginald William Geoghegan, £7; Roy Edward Stevens, £B. Failed to give way to pedestrian at traffic lights: John Robert Davison, £B. (Before Mr E. A. Lee, 8.M.)

CHARGES AMENDED Wayne John Knight, aged 18 an art designer (Mr R. L. Kerr), was convicted and fined K on a charge of carelessly riding a motor cycle between Styx and Belfast on December 81. Knight had been charged with dangerous driving, to which he pleaded not guilty. After hearing evidence the Magistrate amended the charge to careless riding and Knight pleaded guilty. Ray Thomas Cattermde, aged 19, a packer (Mr G. C. P. Beadel) was convicted and fined £l2 10s and disqualified for two months on a charge of carelessly driving a vehicle on Sawyers Arms road on December 22. He pleaded guilty to the charge. Cattermole was originally charged with dangerous driving but the information was amended after evidence had been heard. NAME SUWRBSSBD A 32-year-eld married woman, convicted on a charge of theft of a dressed chicken, valued at 19s #d from a shop on April 4, was ordered to pay costa and witnesses' expenses. She had pleaded not guilty and her name was suppressed. TRAFFIC CASES In prosecutions brought by the Transport Department, convictions were entered and Court costs of 11 10s were imposed as follows: Failed to stop at compulsory atop.—Helen Mary Lewis, £lO. Careless use.-—Charles Anthony Notts, £l2; Robert Duncan Lee, £5.