MAGISTRATE’S COURT Two Months Gaol For Burglary On Day After Release

Press, Volume CVII, Issue 31551, 13 December 1967, Page 13

MAGISTRATE’S COURT Two Months Gaol For Burglary On Day After Release

“It is a great pity that a person who has worked steadily and saved money and has shown a very real response to probation should come before the court on a silly offence such as this one,” said Mr G. B. Lascelles in the Magistrate’s Court yesterday when Kenneth Kupu Hokai, aged 25, an unemployed labourer, appeared for sentence on a charge of breaking and entering the premises of New Zealand Coffee and Spice, Ltd. Moorhouse Avenue on December 2. Mr H. J. Evans, S.M., was on the bench. Mr Lascelles said Hokai had had a lot of chances from the court, but had responded to probation. Marriage and maturity could have a stabilising effect.

The Magistrate said Hokai had been sent to Borstal when aged 18 for countinghouse breaking, and between 1965 and the present day had received probation and imprisonment for four charges of unlawfully taking motor vehicles.

“He had just come out of Paparua—the day before I think—when he committed this burglary.” In imprisoning Hokai for two months to be followed by a year’s probation, the Magistrate said he was taking into account the defendant’s family situation and the circumstances of the case. TWO CHARGES

“All this developed out of a minor argument at home. But the resistance to the constable was quite violent and he had to call for assistance,” said the Magistrate to Barry James Whear, aged 20, a council worker, who was appearing for sentence. Whear had previously been convicted of resisting a constable in the execution of his duty and of wilfully damaging two panes of glass, on October 31. The defendant was an unruly person although this was his first conviction in the Magistrate’s Court, said the Magistrate when imposing a fine of $l5 on the first charge and costs and restitution of $5 for wilful damage. “OVER-SLEEPING”

The defendant had recently suffered from a form of over-sleeping, and there was a suggestion that this was related to the offence said Mr M. F. Hobbs, counsel for Murray Moana Paratene Tawhai, aged 20, a carpenter. Tawhai was appearing for sentence on a charge of the attempted burglary of a house in Greers Road on November 26. Mr Hobbs said Tawhai had been sleeping before going out, and the offence was committed on the spur of the moment. It was unusual to find anyone so utterly frank, and he appeared to have some future for himself and his family. Tawhai was not the type of young man who would continue with this type of activity, said Mr Hobbs. A fine of $4O was imposed and Tawhai was placed on probation for a year. DID NOT PAY FARE

The accused left the American base at Harewood in a taxi on the evening of November 2, and when it reached her house, got out and slammed the door after pointing to another passenger, said Sergeant J. D. Farrow.

Before the court was Karen Leonie Coffey aged 20, a waitress, (Mr S. G. Erber) who was charged with failing to pay a taxi fare. Sergeant Farrow said the other passenger in the taxi did not know Coffey. She owed about $1.40. Mr Erber said Coffey was in very high spirits, and thought at the time that if the other person "had been a decent sort of fellow, he would have paid the fare.” Coffey was fined $5. FINED $35

David John Coull, aged 19, a carpenter, was fined $35 and ordered to make $l2 restitution when he appeared for sentence on a charge of assaulting Catherine Fitzgerald on December 1.

Counsel, Mr A. P. C. Tipping, said Coull gave the .girl only two slaps with the open hand. The incident started off in a somewhat jocular fashion but became heated. He thought his girl friend was taunting him for things he was not responsible for. The complainant had an unfortunate background, and had been befriended by Coull who had lent her money. He thought she was being unreasonable and ungrateful. The complainant had telephoned Coull on the day after he had been arrested, and had asked that he take her out that night. She had telephoned again on the Tuesday, but he had now dissociated himself completely from the girl, said Mr Tipping. ATTEMPTED BURGLARY “I think drink is the trouble. I would like to apply to go to Sunnyside for treatment,” said Earl Francis Williams, aged 41, unemployed. Williams was appearing for sentence on a charge of attempting to break and enter the Northcote-Styx Chemist Shop on December 4. The Magistrate said Williams had a long record of convictions. He seemed to go oh getting into mostly minor trouble. Williams was ordered to come up for sentence if required to do so within a year, and ordered to pay restitution of $B. PROBATION “I had been drinking heavily and was not myself at the time,” said Kelly Martin, aged 41, a builder’s labourer.

Martin pleaded guilty to doing an indecent act with intent to insult or offend on December 3. “You have been before the Court previously, but never on a charge like this,” said the Magistrate when placing Martin on probation for a year bn the conditions that he take psychiatric treatment as may be recommended; that he refrain from associating with persons not approved of; and that he pay $2O towards the cost of prosecution. DISQUALIFIED

A charge of driving in Waimairi Road while under the influence of drink or drugs against Alexander Barclay, aged 31, a builder’s labourer, was dismissed. He was convicted of driving in a manner which might have been dangerous on Waimairi Road. Both informations related to incidents on November 27. Evidence was given that Barclay was driving south in Waimairi Road about 7.5 p.m. He went from the incorrect side of the road to the correct side, and was checked at 45 m.p.h. Barclay again went to the wrong side of the road and almost hit a parked car. The Magistrate said he would dismiss the major charge because of the evidence of Dr J. S. Wilson, who examined Barclay about 7.40 p.m.

For driving in a manner which might have been dangerous, Barclay was fined $4O and disqualified for a year and a half. Mr P. J. Thompson appeared for Barclay. OBSCENE LANGUAGE

Brian Leslie Wendt, aged 19, unemployed, pleaded guilty to and was convicted on a charge of using obscene language on the ChristchurchAkaroa highway on November 9. ii.

Sergeant Farrow said Wendt was a passenger in a car stopped by a traffic officer for an alleged traffic breach. He used the language to the traffic officer.

Wendt told the police he was annoyed on behalf of his friend. He was fined $25. IMMIGRATION CHARGE

Lulu Latuselu, aged 35, a plumber’s workman, was remanded in custody until December 15 for a fixture after he had pleaded not guilty to a charge of entering New Zealand as a prohibited immigrant at Auckland on January 10, 1964. Mr N. W. Williamson appeared for the Immigration Department STOLE FROM SHOP

The accused had not previously offended against the law, said the Magistrate when Diane Carol Cross, aged 21, a housewife, appeared for sentence on a charge of stealing cigarettes and groceries to a total value of $4.38 from Woolworths in New Brighton on November 9.

The Magistrate said Cross had said she acted purely on impulse, and that she and her husband were finding things difficult financially. She seemed to have paid for most of the goods. Cross was fined $3O. FINED $l5

For proceeding from a stop sign before the way was clear, Vera Lee was fined $l5. (Before Mr K. H. J. Headifen, S.M.) TRAFFIC CHARGES

In traffic prosecutions brought by the Christchurch City Council traffic department convictions were entered and penalties imposed as follows with Court costs of $5 oh each charge. Exceeded 30 m.p.h.: Anthony Robert Daniell $10; Patrick John McGrath $10; Maurice Scott Foley $l5; lan Leslie Alexander $10; David Alan McLean -(two charges) $lO, $l5; William Harold Baldwin $8; David Allan Barlass $10; Ronald Macdonald Provan $lO (failed to display “L” sign $4); Samuel Joseph Burnett sl2* Alan Brian Clark $10; Wayne Richard Cosgrove $l2; Paul Kevin Dellow $l4; Clifford Austin Deyell $l2; Maxwell Kemp Fraser $l2; James William Gardner $l2; Raymond John Gibson $10: William Christopher Gray $lO. lan Leslie Alexander 810; Lindsay Russell Hamilton $2O; Ivan George Hay $l5; Peter Samuel Hulme $10; George Brian Jones $l2; Terrence Paul Leach $l2; Robert Duncan Lee $10; All Leiato $10; Leonard Alan Mayne $l2; Robert Gordon McCord $l2; Martin Joseph McLaughlin $l2; Geoffrey Arthur Miller $10: Anthony George Nesbitt $10; David Peter Niven $10; Alan Francis Patterson $l2; Graham Colin Perrin $l4; Graeme John Plummer 810; Donald Arthur Roberts $10; Rodney James Rothwell

812; Nigel George Rowan 810; Stephen John Shearer 814; Ronald Francia Smith 810; Earle William Sutton 810; Kenneth William Sutton 814; Alan Frederick Swift 810; Frank Stewart Wetberajl 815; Btarry John Winder 820; Terren-ce George Woolley 812; Thomas Robert Wright 810; James Alexander Diack 810.

Parking offences: Herbert Martin Blazey 82; William Fergio $2; Edward George Avery 84; George Cowan Grice $4; lan Bonallack $6; Judith Bruce 82; Charles Henry Brunel 86; Basil John Campbell, 88; Lloyd Coakley $3; John Spencer Cowper 810; Thelma Jean Cummings 84; Leo George Devine 83; Ernest Christian Donner $3; Leo Francis Flood 82; Natalie Nancy Halliday 86; Andrew Francis Hobbs $8; Maurice Damian Hurley 815; Ralph Lavin $6; Cornelius Frederick sB; Jack McLeod Little 86; Edward Morris $4, 84; Hampis Nicholas 810; David James Norton 84; Dermot James Nottingham 82; Waller Darcy Palmer, costs only; Christopher John Perrin 84; Denise Puha 82; Donald John Stewart Reid $10; John Barry Richardson $6; Bruce Roderick Robertson $4; Peter Brian Stanbery $6 Meryl Stone $6; Robin John Watts $4; John Ryder Young $4. No warrant of fitness: Leonard Dawson Airey $4; Albert Curline $6; David Stephen Diver So; Ronald Lionel Bodger S2O- - John Bugg S 6; John Joseph Crequer *6; George Arthur Lee $6 (unlicensed motor vehicle SO); Kenneth John McQuilkan SB; Douglas Moore S 6 (no driver’s licence MO): Graeme Eric Waites S 6; Jon William Williams $6. Failed to stop at a compulsory stop: Gordon William FalrX, eat A er ' * l2; J< ”> n Olliver Bell, SB: Edward Graham Cooke. Sl2Ronald William Codling, SB; Murray Day Goodson, S 10: lan Francis Meeking, SB; James Lawrence Hay Spence, S 3. ~J®. lled „ t 0 comply with traffic l'£ hts: J , Ro « er Williams, »12, disqualified for three months (failed to display “L” Christopher Duncan Ward, $2O; Leslie Lionel Griffiths, $10; Linda Sharon Nelson, S2 (no driver's licence, $2)Peter Gordon Skerton, $2O. Failed to carry heavy traffic licence: Donald Martin Skirton, SlO (no certificate of fitness, $25; no endorsed certificate of registration, $10). s

Careless use: Rita Mary Ellis, $10; Leslie Allan Carson, $l6, disqualified for three months from December 19; Cecil George Owen-Jones, $l6 (no driver’s licence, $10).

Inappropriate licence: Brian Donald Baynes, $3 (carried pilIio ” P assen £er other than astride, $2); Kevin Arthur Anderson, $4; Edward Anthony vehicle. ’ S 5) mOtOr . Exceeded heavy traffic licence: John Bertram Carr, $8; Palmers Transport, Ltd, $lO. T ™'« d 1° dis P la V “L” label: James Robert Douglas, $2: Curt ?“ vid ~G leason > M; Brendon Peter Maurice Kerr, $2 (failed to wear vision aids, $10). to m comply with road markings: Tai Aviria, 815 (exceeded 30 m.p.h., $2O) dr | I ver ’ s licence: Robert William Paynter, $10; John William Vine, $lO. to comply with school patrol: Norman Edward Shaw, Failed to supply information: Buchanan Contracting, Ltd, $3O No front light on cycle: Anthony John Crawford. $4 (no hands on handlebars, $4). Failed to give way: Glyn Davies, $l2. Failed to keep left: Larry James Gregge, $lO, ordered to attend traffic lectures. Unlicensed motor vehicle: Nicholas Oswald Becker, $10; Brian John Ward, $lO. Unlicensed trailer: Eric Newcombe Truscott, $8 (no safety chain, $8). Failed to notify change of ownership: Lancaster Motors 5.1., Ltd, $lO. No certificate of fitness: Claude Robert McQuoid, $25; John Butcher, Ltd, $l5. Unable to stop in distance between vehicles: Christina Alexandria O’Sullivan, $lO. No heavy traffic licence: Quill Morris Cowles, Ltd, $l5; Harold Candish S. Smart, $B. Noisy motor vehicle: John Allen Stewart, $l2. No rear red light on a goods service vehicle: Keith Roger Thomson, $l5. Permitted an unlicensed person to drive: Wayne Kenneth Thomson, $4. Insufficient lights: Rex Douglas Turner, $lO (no warrant of fitness, $4). Failed to produce driver’s licence: Graham Charles Walsh, $B. Altered a warrant of fitness: Dawn Diana Whitley, $2O. Drove while disqualified: Terrence Patrick McDonald, $25. Aided and abetted commission of a traffic offence: Warren James Bruce, $25. Proceeded from stop sign before the way was clear: Alma, Bertha Cicely Davies, $B. CIVIL CASES (Before Mr E. S. J. Criitchley, S.M.) JUDGMENT SUMMONSES The following orders were made on judgment sumonses: W. R. Airey, Woodhouse Street, to pay Tricity House, Ltd, $116.70, in default 62 days imprisonment, warrant suspended while $2 a week is paid; Edward John Boyle, labourer, Panorama Crescent, to pay K. R. Amos $194.50 (90 days or $1 a week); S. K. Boese, railway worker, Rolleston, to pay North Canterbury Electric Power Board $23.38 (14 days or $2 a week). E. Bradley, worker, Maces Road, to pay Harts Butchery $58.70 (32 days or $2 a week); James F. Corfield, logging ■ contractor, Waikuku, to pay Japies N. Pohio $39 (22 days or 82 a week); F. L. Ching, worker, Greenhaven Drive, to pay C.M.L. Fire and General Insurance Company, Ltd, $21.75 (11 days or $2 a week).

C. Davey, Prestons Road, to

pay F. J. Hegarty $75.70 (41 days or $2 a week); F. N. Dunn, sawmill worker, Hororata, to pay Ackland’s Store. Arthur’s Pass, Ltd, $74.68 (40 days or $1 a week) and to pay North Canterbury Sheepfarmers’ Co-operative Freezing Company, Ltd, $63.89 (35 days or $1 a week). Ivan J. Emslie, workman, Cashel Street, to pay E. G. McDonald, Ltd, $26.50 (15 days dr $2 a week); Gordon Campbell Gardner, labourer, Moorhouse Avdnue, to pay New Zealand Newspapers, Ltd, $14.90 (eight days or $2 a week); Russell James Hewinson, Trafford Street, to pay Taylors, Ltd, $l3 (eight days or $2 a week). Patrick S. Kortegast, drainlayer, Coleman Avenue, to pay Smiths City Market, Ltd, $15.15 (nine days or $2 a week); Bernard W. Lintern, carpenter, Sawyers Arms Road, to pay Brownies Mattress Service $10.75 (six days or $2 a week); Jack McLeod Little, accountant, Barters Road, to pay Commissioner of Inland Revenue $114.42 (61 days or $2 a week).

J. Little, worker, Worcester Street, to pay Middleton Timber Company, Ltd, $48.50 (27 days or $2 a week); Raymond E. McFarlane, tailor, Dunarnan Street, to pay New Zealand Newspapers, Ltd, $11.85 (seven days or $2 a week); T. Meikle, worker, Lincoln, to pay Battery Distributors, Ltd, $28.95 (16 days or $2 a week).

T. Mooney, worker, Durham Street, to pay J. C. T. Lane $33.72 (19 days or $2 a week); H. R. Morgan, worker, Eureka Street, to pay Bexley Garage $36.48 (20 days or $2 a week); L. A. Morgan, married woman, Pauline Street, to pay N. F. Soper $20.09 (12 days or $1 a week).

Clement L. Morrison, painter, Fenchurch Street, to pay Christchurch Press Company, Ltd, $9.70 (six days or $2 a week); K. L. Palmer, contractor, McDougall Square, Stewarts Gully, to pay Hickmott’s Farm and Garden Equipment $109.75 (58 days or $7 a week); Kevan Thomas Sheehan, labourer, Morrison Avenue, to pay Ballins Industries, Ltd, $10.50 (six days or $2 a week). Henry Smith, cable joiner, Horton Place, to pay Naomi J. Dillon, Ltd, $10.25 (six days or $2 a week); V. Thian, married woman, Quebec Place, to pay Ashby Bergh and Company, Ltd, $32.19 (18 days or $1 a week); G. M. van Putten, worker, Cashel Street, to pay T. P. Laffey and B. J. McKenzie $ll (seven days or $2 a week).

F. C. van Schie, worker. Staveley Street, to pay Jarrah Timber Company $193.38 (90 days or $lO a week); G. F. Williams, labourer, Pajparoa Prison, to pay Christchurch City Council $35 (20 days or $2 a week). J. Little, trading as Home Improvement Services, labourer, Hereford Street, to pay Nightingale Products, Ltd, $84.50 (44 days or $2 a week); I. M. Payne, housewife, Akaroa Street, to pay Christchurch City Council $64.36 (35 days or $1 a week). POSSESSION ORDER J. L. Matenga, married woman, and P. T. Matenga, labourer, were ordered to give up possession of a property at 104 Coleridge Street, to Rimu Investments, Ltd, and to pay arrears of rent and costs amounting to $134.