MAGISTRATE’S COURT Youth Remanded Under Mental Health Act For Observation

Press, Volume CVII, Issue 31542, 2 December 1967, Page 23

MAGISTRATE’S COURT Youth Remanded Under Mental Health Act For Observation

The whole sequence of events showed complete irresponsibility and idiocy, said Mr J. E. Butler in the Magistrate’s Court yesterday before Mr H. J. Evans, S.M. Mr Butler was making submissions that his client, Graham Lester Smith, aged 19, a painter, be remanded for observation to Sunnyside Hospital under Section 37 of the Mental Health Act.

Smith was appearing for sentence on charges of the burglary of the Bruce Hotel, Akaroa, on November 21; of discharging a rifle in a manner likely to endanger safety on November 22; of assaulting C. Y. Smith on November 27; and of using obscene language on November 20. He pleaded not guilty to unlawfully getting into ,a car valued at $3600, the property of Ballins Industries, Ltd, on November 20. Smith had pleaded not guilty to the obscene language charge and the assault charge when he appeared in court on November 28, but he altered his pleas yesterday. Mr Butler said Smith was on bail for other charges when he committed the offences admitted.

Smith had had black-outs, and the night he assaulted his father, and discharged the firearm, he bad been hit over the head with a poker. He was in bad physical condition, and had had several knocks on the head. A doctor had said Smith might be suffering from epilepsy. The Magistrate remanded Smith until December 15 to Sunnyside Hospital under Section 37 of the Mental Health Act. STOLE HOME BREW

On the two occasions the accused had broken into a workshop at Kaiapoi, a total of 25 bottles of home brew had been taken, said Sergeant V. F. Townshend when Robert Little, aged 26, a forestry worker, appeared before the court.

Little, who was not represented by. counsel, pleaded guilty to the burglary of the workshop of M. McD. Hyde, at 23 Whitefield Street, Kaiapoi, on October 16 and 22. He also pleaded guilty to' the

burglary of Gray’s Supermarket, Raven Street, Kaiapoi, on October 1. Little was interviewed, on October 23 and admitted the offences, said Sergeant Townshend. He had climbed on to the roof of Gray’s Supermarket in the early hours of the morning of October 1, and broke in, although he did not steal anything.'

On the occasion of the first burglary of Mr Hyde’s workshop, Little took 15 bottles of home brew, and on the second occasion, he took 10 bottles. He had previous convictions, said Sergeant Townshend. Little was convicted and remanded for a probation officer’s report and sentence until December 8. FINED $5O

Moe Vaevaemaki, aged 22, a butcher, was fined a total of $5O on charges of attempted sexual intercourse with a girl aged 15 years four months on or about November 11, and of having sexual intercourse with a girl aged 15 years four months on or about November 4. He pleaded guilty. STOLE HANDBAGS

Appearing for sentence on two charges of theft of handbags, a woman whose name was suppressed (Mr D. H. P. Dawson) was placed on probation for 18 months, being ordered to undergo treatment as directed and to live and work where directed.

The offences were a result of defendant’s upset and highly-strung state rather than criminality, Mr Dawson said. She needed counselling rather than a sentence. Mr Dawson submitted that if the case were adjourned, the defendant could take treatment, and then might be discharged under Section 42 of the Criminal Justice Act SUSPENDED SENTENCE A suspended sentence was imposed on Gavin Edgar William Kinsman, aged 38, a wood merchant (Mr P. M. Davies), when he appeared for sentence on a charge of receiving three New Zealand £5O notes.

He was ordered to come up for sentence in 12 months if called on, and to pay $l5 towards the cost of the prosecution. The defendant had cashed the notes for the boys who stole them, and had gained nothing from the offence, Mr Davies said. He was a person who had “bumbled" through life. . "I am prepared to adopt the view that you blundered into this offence,” the Magistrate said. STOLE FOOD Food worth 14.80 had been stolen from the Self-Help, Ltd, New Brighton, by Ellen Twort, aged 50, a housewife. Sergeant Townshend said.

Twort pleaded guilty to the charge or theft and waa convicted and remanded on bail to December 11. She had previous convictions for similar offences, Sergeant Townshend said. BURGLARY James Robert Cook, aged S 3, a pianist (Mr J. W. Dalmer), was convicted and remanded on ball to December 11 after he S leaded guilty to a charge of urglary of a doctor’s surgery at Mangere on March 19. Cook had 40 previous convictions, Sergeant Townshend said. Stamps worth 32 had been stolen from the surgery. NAME SUPPRESSED There were sufficient grounds for suppression of name, said the Magistrate when a woman appeared for sentence on two charges of stealing brassieres and cigarettes from a city store on November 3. The woman was fined a total of 330. Restitution of 30c was ordered.

OBSCENE LANGUAGE Pleading guilty to a charge of using obscene language in Cathedral Square on November 30, Rex Campbell, aged 30, a workman, was convicted and fined 335.

Campbell had 18 previous convictions, Sergeant Townshend said. TRIAL BY JURY Douglas Bruce McFarlane, aged 33, a mechanic, was remanded on bail until December 13 for the hearing of depositions when he elected trial by jury on a charge of indecently assaulting a male aged 18 years between October 1 and 31. OTHER CHARGES Other charges with convictions entered (Court costs 35 on each charge) were:— Careless driving: Sydney Clyde Cliff, 330; lan Walter Tomlinson, 315, and disqualified for a month (no warrant of fitness, costs only); Gavin Beynon, 38 and disqualified . for three months; John Trevor Wooltorton, 313 and disqualified for a month.

Failed to give way: Edward Johnston. 815; Gerald Ray Long, 330; Robert Silcock, 320. Crossed railway crossing while warning device was working: Allan Raymond Rowe, 810, and disqualified for two months.

Opened door of car in manner likely to cause Injury: Michael Joseph Ryan, 36. Proceeded from stop sign when way was not clear: Robert Struthers, 312.

Supplied liquor to minor: Derrick Lewis Hamer, 86. (Before Mr W. F. Brown, S.M.)

FINED 830 Andrew Turner Lake, aged 17, a shop assistant (Mr L. M. O’Reilly), was convicted and lined 320 when he pleaded guilty to a charge of exceeding 55 miles an hour in Blenheim Road on September 8.