MAGISTRATE’S COURT Six Months’ Gaol For Theft And Assaulting Constable

Press, Volume CVII, Issue 31416, 8 July 1967, Page 7

MAGISTRATE’S COURT Six Months’ Gaol For Theft And Assaulting Constable

For assaulting a police constable in the cells at the Central Police Station on June 16, Terrence Kumi Henn, aged 22, a driver, was sentenced to three months’ imprisonment by Mr P. L. Molineaux, S.M, in the Magistrate’s Court yesterday. On a further charge of theft of a transistor radio Hemi was also sentenced to three months’ imprisonment, to be served cumulatively, when he appeared for sentence. Sergeant J. D. Farrow said Constable J. S. Jordan asked Hemi if he had had enough breakfast “He replied: ‘lf you put your head on the plate, I will eat that too, boy.’ “Then Hemi took to the constable and assaulted him, cutting his face and knocking his uniform about”

In explanation Hemi, said he thought he was going to be hit by the constable. “If there was going to be any bashing done, I thought I would get in first before they could get me,” he said. Hemi (Mr A. P. C. Tipping) originally pleaded not guilty to the charge but changed his plea at the conclusion of the prosecution evidence. He pleaded guilty to stealing a transistor radio from a house in Glade avenue on June 2.

(Before Mr E. A. Lee, S.M.) DISCHARGED

For firing a rifle near a dwelling house without reasonable cause, Daniel Brizzell, aged 20, unemployed, was discharged under section 42 of the Criminal Justice Act. Brizzell (Mr K. N. Hampton) pleaded not guilty to the charge, which arose from an incident at 133 Geraldine street on April 9. In his reserved decision the Magistrate said there was no doubt that a shot was fired and it was quite evident that the house was invaded on that morning by “an uninvited gang of irresponsible gatecrashing louts with their female hangers-on." “After entry to the house was refused, a wild rampage of an uncontrolled rabble developed,” the Magistrate said. “Bottles were thrown, windows smashed, a fence broken and I accept that the occupants in the house were upset”

The Magistrate said he agreed that in such circumstances, a reasonable amount of force might be used. “But

only in the most exceptional cases should firearms be used. It is out of actions like the defendant's that tragedies are born.”

The firing of the weapon was a demonstration of power to frighten the rabble away, and the defendant succeeded in doing this. In discharging the defendant the Magistrate said he felt he was straining section 42. The defendant was ordered to pay witnesses* expenses £9. A police request for forfeiture of the rifle was refused. SEVEN MONTHS' GAOL Seven months' imprisonment was imposed on Edward Hamilton Blair, aged 21, a cleaner, when be appeared for sentence on charges of burglary and escaping from lawful custody. Blair stole about £BOO worth of jewellery from Stewart Dawson and Company, Ltd., High street, Christchurch, on June 24. On this charge he was gaoled for six months and for escaping from lawful custody he was sentenced to one month's gaol. The periods are to be cumulative. The Magistrate told Blair that he would recommend Ms deportation to Australia. STOLE TAPE BECOBDEB “This Is your last opportunity,’’ the Magistrate told Marion Rose Rowlands, aged 20, a laundry hand, when she appeared for sentence on a charge of stealing a tape recorder. Her list of convictions was not good, he said. Bowlands was placed on probation for two years, ordered to pay restitution, £25, and pay £lO towards the cost of the prosecution. FINED £25 On charges of dangerous driving and driving when forbidden by a traffic officer, Errol Rex Howie was fined a total of £25 and disqualified from driving for a period of 18 months. He changed his plea from not guilty to guilty. Traffic Officer Brian Lawrence Hunter said that at 5.20 p.m. on January 28 ho saw the defendant’s vehicle on Wairakel road swerving from one side to the other. At one stage an oncoming car had to pull to the grass verge to avoid a headon collision. “The car turned Into Roydvale avenue and after much difficulty I managed to stop him,’’ Traffic Officer Hunter said. “The defendant said he had been to a wedding and In my opinion he was Incapable of driving.” The traffic officer said he forbade the defendant to drive until 9 a.m. the next day. However, some time later, he saw the car moving down another road. DROVE DANGEROUSLY lan Robert Moncur pleaded not guilty to a charge of dangerous driving. He was convicted and fined £l5 and disqualified from driving for 18 months. (Before Mr H. J. Evans, S.M.) INDECENT ACTS A man whoso name was suppressed (Mr B. S, McLaughlin)

wao convicted on charges of permitting another male to do an Indecent act upon him, and doing an Indecent act upon another male on June 29. He pleaded guilty. The hearing was adjourned to July 21 for sentence. Detective-Sergeant A. B. Dalzell said the defendant made a complaint to the police on June 30, alleging that he had been robbed of £35 by an unknown man whom he had given a lUt In his car. He said tho man threatened to throw rocks through his shop window unless he handed over tho shop takings. The defendant was later interviewed and retracted bls statement. He said he met the man. whom he knew. In St. Albans Park and returned with him to his shop where the offences occured.

The man later demanded the money for an air fare to Australia. The defendant handed it over because he was frightened of the possible consequences of his actions.

SIX MONTHS' GAOL A term of six months' imprisonment was imposed on Eardley George Lomey, aged 24, a workman (Mr B. G. Blunt), when he appeared for sentence on five charges of theft tn June involving property valued at £ll6, and two charges of burglary. The term of imprisonment is to be followed by one year on probation. SUSPENDED SENTENCE Owen Stanley Livingstone, aged 45, a painter (Mr J. K. Fulmaono), was ordered to come up for sentence within one year if called upon'"when he appeared for sentence on a charge of theft of a television set valued at £lO7 10s from Hay’s, Ltd., on June 16.

He was ordered to pay £lO towards the costs of prosecution. Mr Fulmaono said the defendant had undoubtedly had too much to drink on the day of the offence. He was also troubled by the fact that his wife was unwell and four of his six children had been sent home from school because of sickness.

The Magistrate said he was prepared to accept, in the light of his foolish conduct and open action, that the defendant had little criminality in what he did. NAME SUPPRESSED A girl whose name was suppressed was convicted and fined £5 on each of the charges of escaping from the lawful custody of the Child Welfare Department on July 2, and wilfully damaging a Police Department mattress on July 3. She pleaded guilty. She was ordered to make restitution of £2 2s 2d.

Detective-Sergeant Dalzell said the defendant was apprehended within 15 minutes of leaving the department's Ferry road receiving home. She had previously escaped on four occasions. FALSE PRETENCES David John Houseman, aged 19, unemployed, was convicted and remanded on ball to July 24 for sentence on charges of obtaining petrol and money amounting to £lO 9s 6d from the North Avon Service Station, and petrol and money amounting to £lB 17s «d from Brltnell's Service Station by false pretences on May 5. He pleaded guilty. Detective-Sergeant Dalzell said restitution of £29 ?s was sought. TOOK BICYCLE

Phillip Grahame Christopher McDonald, aged 19, a workman, was convicted and fined £2O on a charge of unlawfully taking a bicycle valued at £6 on July 6. Ho pleaded guilty. LIQUOR OFFENCES On a charge of being a minor found in the bar of the Lancaster Park Hotel on Juno 2, Ralph Graham Taylor, aged 18, a labourer, was convicted and fined £3. He was convicted and fined £3 on a charge of giving false particulars. Ho pleaded guilty. Rex Larry Stills, aged 17, a seaman, and James Michael O’Toole, aged 21, a factory worker, were each convicted and fined £2 10s on charges of having liquor near the Stage Door dance hall on June 3. They pleaded guilty. TRAFFIC OFFENCES In police traffic prosecutions convictions were entered and fines imposed as follows: Failed to give way to the right: Peter Geoffrey Nlcholl, £7, disqualified for one month. Careless use of vehicle: Joseph Oscar Maddock, £4; Richard Tukutahl Mita, £B, disqualified for four months. Caused bodily Injury by careless driving: Ronald John William O’Malley, £l5, disqualified for four months. No driver's licence: Edwin Melroy Shepherd, £5. (Before Mr P. L. Mollneaux, S.M.) IDLE AND DISORDERLY

Herbert Leslie Marsh, aged 21, unemployed, was sentenced to one month's imprisonment when he appeared for sentence on a charge of being idle and disorderly on July 4 at Christchurch. .. , Sergeant Farrow said that when Marsh was arrested he had 6d in his pocket and his only possessions were the clothes he was wearing. Marsh said he had lent money to various people and that he had possessions all over the place. 1 '

DISMISSED A charge of failing to give way against Richard George Carter (Mr M. J. Glue) on May 10 in St. Asaph street was dismissed. The Magistrate said there appeared to be some confusion as to where a cyclist that Carter collided with had come from. “Under these circumstances. I am unable to find sufficient to enter a conviction, he said.