MAGISTRATE'S COURT Man Fined £35 For Hagley Park Assault

Press, Volume CVII, Issue 31380, 27 May 1967, Page 19

MAGISTRATE'S COURT Man Fined £35 For Hagley Park Assault

After an incident in South ' Hagley Park on May 7, when three men attacked a youth who was parked in his oar with his girl friend, the attackers were charged with assault, Mr E. A. Lee, S.M., was told in the Magistrate’s Court yeeterday. James David Musson, aged 23, a plumber, was convicted and fined £35, £lO of which was ordered to go to the complainant, Warren James Hay, and Musson was also ordered to pay witnesses’ expenses of £4. He pleaded guilty to a charge of assault. His brother, Terrence John Musson, aged 20, a mechanic and Anthony David McQuinn, aged 19, a plumber were discharged on assault charges to which they pleaded not guilty. The Magistrate said a lot of confusion surrounded the incident and although he was not satisfied with the evidence of the defendants, it would be dangerous to convict T. J. Musson and McQuinn as he could not be certain of the part they played. “However in the case of the other Musson, where he struck the complainant on the back of the head with a bottle, I am left in no doubt as to where my duty lies. Behaviour of this kind has to be discouraged at all cost irrespective of the character of the defendant,” the Magistrate said. Mr R. G. Blunt appeared for the Musson brothers and Mr A. P. C. Tipping appeared for McQuinn. “We went to the park to find a toilet, but when we could not, we turned around to come out again. The headlights of the car shone on a couple in a parked car. We thought it would be a bit of a joke if we shone the lights on them,” said James David Musson. “Hay, who was parked In the car, shook his fist at us, then he got out and came over to our car and started to bash at the closed window with his fist as well as kick the door on the driver’s side. I then got out of the car and went around and hit him. I did not realise I had a bottle with me at the time," said Musson. CHARGE DISMISSED A charge of being idle and disorderly against John Robert Bowden, aged 20, a rubber worker, was dismissed when it was found that he had secured regular employment and had followed a direction of the Magistrate to find new accommodation. He

was represented by Mr T. A. Wilson. (Before Mr f. L. MvUneaux, S.M.) MONTH IN PRISON “I do not propoee to dwell on the past record, of the defendant/' Mid the Magistrate when sentencing Ruth Milan Glew, aged 36, a social security beneficiary, to a month’s imprisonment when she appeared for sentence on a charge ot theft. Counsel for Glew, Mr P. M. Davies, asked that the Court consider probation and a fine, as Imprisonment would be hard on her children, now that her husband had been deported to Australia. “PROBLIM CHILD” "The defendant has been and wtH be a problem child, but her parents w4U help her. Her mother would like her to go home,” Mid Mr D. L N. Mac Lean, counsel for Patricia Ann Soper, who appeared for sentence on a charge ot breach of probation. It was a fairly, technical offence, for which Soper had already suffered a month in Sunnyside, Mid Mr Mac Lean. Soper, aged 18, unemployed, was ordered to come up for sentence it required to do so within three months. CARBLBSS USE "There is no question of M being careleM use; when the defendant was kissing the girl it was no longer potentially dangerous, but emphatically dangerous," the Magistrate said when convicting Albert Mark Harker*, aged 21, a joiner, of careless use of a ear on Spring* road on January 8. Harker* was fined 17 and disqualified for three month*. FINED 18 Hugh William Little was lined 18 for passing another vehicle by a pedestrian crossing and was ordered to pay Court costs only (£1 IDs) on a charge of passing on an intersection. FINED its Gareth WHMam Ernest Taylor, aged 28, a labourer, was fined £25 and ordered to make restitution when he appeared for sentence on a charge of theft a* a servant. (Befor* Mr H. J. Evans, S.M.) YEAR'S GAOL Appearing for sentence on one charge ot burglary and on* of theft, Edward William Travis, aged 18, a workman (Mr G. R. Lascelles) was sentenced to on* year'* imprisonment. Mr Lascelle* said Trevi* did not have an enviable record, and bad twice been sentenced to Borstal. Be bad shown a good response to probation and might bo worth a final opportunity. It seemed Travis was quite unable to keep bi* hand* off other people’* property. Mid the Magistrate. He had reached th* limit, and in spite of his age would be sent to prison. Travis was sentenced to 12 month*’ gad on th* burglary charge and six months' gaol on the theft charge, th* forms to be concurrent. REMANDED Three men were remanded kt custody to May 28 when they appeared on charges connected with the burglary ot the Services Grocery Store, Pukeko street, Burnham. David Lothian, aged 21, a

. butcher, wa* charged with receiving 11,788 cigarettes. 20 cigars, and 27 ounce* ot , tobacco. Douglas William Her. bert, aged 22, a workman, and David John Forrester, aged 27, a cook, were jointly charged I with the burglary of the store ■ on May 28. No pieaa were taken. : ATTACKED GIRL "That's my problem, ” Peter : Te Hsu. aged 27, a shearer, replied when asked why he bad punched his girt friend. Te Hau pleaded guilty to a charge of assaulting Catherine Ann Brown, on May 20, and was remanded on bail to June 2 for sentence. A special condition of bi* bail wm that he stay away from the oomplain»nt. The Court wee told that Te Hau had been sitting in a ear with the complainant and had suddenly attacked her, punching her in the face. He bad been drinking but could give no reason for the assault. The complainant had been rescued by a taxi-driver. FINED FOR THEFT Three youths appearing for sentence on charges connected with the theft of two car cylinder head* were each fined Rex Alexander Bolworthy, aged 17, a bakehouse workman, and John Ronald Churchill, aged 18, a process worker (Mr M. J. Glue) were each appearing for sentence on a charge of stealing the two cylinder beads valued at £7O. Keith James Welles, aged 18, a sheet metal worker (Mr P. M. Davies) appeared for sentence on a charge of receiving the cylinder heads. He would treat all the defendants alike, the Magistrate said. Restitution of the cost of a damaged cylinder head wa* ordered. FINE, PROBATION A fine of £5O and a sentence of two years’ probation were imposed on David John Rees, aged 32, a foreman, when he appeared for sentence on a charge of theft as a. servant Of £lOB 5s Id from Wlndoware Products. Full restitution wa* ordered. The offence was a serious •ne and constituted a grave breach of trurt, the Magistrate said. However, Rees bad a very good previous record. SIX MONTHS’ GAOL Stx month*’ imprisonment, to be concurrent with a term now being served, was imposed on Joseph Whareaitu when he appeared for sentence on a charge of receiving jewellery valued at £l4 10s between January 12 and January 28. COSTS Ruth LiMen Glew, aged 88, a domestic (Mr P. M. Davie*) was convicted and ordered to pay costs when she appeared for sentence on a charge of breach of a hire-purchase agreement to the value of £35 10*. The Magistrate said Glew had been sentenced to imprisonment tn another Court and he would foot add to this penalty. BURGLARY A Pleading guilty to burglary of the Black Tulip tearooms, Motukarara, on April 1, John Edward Laird, aged 17, unemployed (Mr D. H. Stringer), was convicted and remanded on bail to June 2. Cigarettes and cash to a value of £ll 15a had been stolen, the Court was told. LICENSING CHARGES Eileen Rita Black, aged 31, was fined £3 on a charge of being in a bar after hours and £3 for consuming liquor after hours. She pleaded guilty by letter. TRAFFIC CHARGES On traffic charge* brought by the police, offenders were convicted and fined as follows, with costs of £1 IDs in each ease:— Failed to give way: Thomas Patrick Gilroy, £B. CareleM use of a veMcte: lan Bruce Taylor, £6. DROVE UNDER INFLUENCE A man who almost struck a police patrol car at the inter•ection of Colombo and Hereford street* at 1.15 a.m. on May 11 pleaded guilty to a charge of driving under th* influence of drink or drug*. The defendant, Brian Douglas Marsh, aged 31, a salesman, was fined £4O, ordered to pay medical expense* of £3 3a, and was diaquaHfied from driving for three years. For Marsh, Mr A. P. C. Tipping hM that hl* ditent’s future would be uncertain because of the charge. He worked a* a travelling saleeman, THREE CHARGES Two youth* were charged with wilful damage, leaving broken beer bottle* to a public piece, and discharging a .22 rifle to a nubfile Dto.ce. . Plea* ot guilty were entered by Atan Frederick Sykes, aged 18, a moulder, and Stephen Kerr Harvey, aged 18, a carpet layer. Mr B. A. Hunt appeared for both defendant*. Mr Hunt said the charge*, which arose at Spotswood on March 11, came about through youthful exuberance. Vhen returning from shooting rabbits they dtecovered a bee* T nest to an old shed and shot at ft. Later they flred st some empty beer bettte* tor forget practice. In finding the defendants* action* "trreeponeiHe,’’ th* Magistrate fined them £8 10* each on wftfui deinage charge* and £3 10a Meh on discharging a rifle in a public place and leaving broken beer bottle* to a pubtte place. INTENT PROVEN

Peter McDonald Allan, aged 19, *' labourer, wm found guUty on a charge that be intentionally and in a manner likely to injure or endanger the Mfety of any pereons interfered with the Lyttmton-Chrtotchurch railway Hne at Lyttelton on April 18. Allan (Mr L. M. O’ReHly) dented the charge. The poUce said that the defendant laid three lengths of timber across three railway track*. Allan pleaded guilty to escaping from lawful custody and wMuMy damaging a shirt to the value of n ISs. On aR charge*, he wa* convicted and remanded until June 2 for probation officer's report and sentence. Beti wae renewed.