MAGISTRATE’S COURT Man Admitted To Probation And Ordered To Make Restitution

Press, Volume CVIII, Issue 31584, 23 January 1968, Page 8

MAGISTRATE’S COURT Man Admitted To Probation And Ordered To Make Restitution

“One wonders sometimes what we made democracy safe for, with this type of conduct,” said Mr K. H. J. Headifen, S.M., ip the Magistrate's Court yesterday when Bruce George Cameron Johnson, aged 23, a labourer, appeared for sentence. Johnson, who was represented by Mr M. J. Glue, had previously been convicted on seven charges of false pretences involving cheques to a total value of $85.49 between December 29, 1967 and January 3. The Magistrate said the accused came before the court at the age of 23, having been adjudged a bankrupt, having been married and separated from his wife, and as an alcoholic. He had had more than his share of accidents and illnesses in his life. “One could hardly add to this list of calamities,” said the Magistrate. Mr Glue said that the offences were typical of the hopeless type of offences that alcoholics committed. Johnson was well known at some of the places where he cashed the cheques, and knew detection was inevitable.

Liquor was responsible for his bankruptcy, and this was the first occasion on which Johnson had been convicted of false pretences. He had given up drinking for a month before Christmas, and with sobriety came remorse.

Johnson had owned up to the police, said Mr Glue. The Magistrate said he would give Johnson a chance by imnosing a term of probation for three years on the conditions that he take out a prohibition order for the duration of the probation period: that he pay $l5 towards the cost of prosecution and $84.49 restitution: and that he live and work where directed.

THREATENING LANGUAGE John Anderson, aged 17, a freezing worker, was convicted and disqualified from driving for six months, after nleading guilty to the use of threatening language to an assistant caretaker at Spencer Park nn January 21.

"I don't ask the public to put up with the behaviour of types like you.” said the Magistrate, in imposing these penalties.

Between January 19 and 21, Anderson had been at Spencer Park, disturbing campers, on a number of occasions, said Sergeant V. F. Townshend. On one occasion, the caretaker’s assistant had to stop Anderson for speeding in a car in the park, when Anderson threatened to return with friends and cause further troubles.

On January 21. the caretaker’s assistant stopped Anderson from entering the park, whereupon Anderson

used threatening language, so that the police were called. DISQUALIFIED FOR FOUR YEARS

Elan Nora Joyce Wall, aged 39, a housewife (Mr J. F. Burn), who pleaded guilty to charges of driving under the influence of drink or drugs. and careless driving, on Marshland Road on December 12, was said to have fallen over when she got out of her car.

The Magistrate said he would fine Wall only $25, because of her personal Circumstances, but would balance this by imposing four years' disqualification from driving.

Detective-Sergeant N. J. Stokes said that Wail, while driving on the Main North Road just south of the Waimakariri bridge had been seen to swerve repeatedly across the road, causing oncoming cars to take evasive action. When a motorist stopped her in Marshland Road, to ascertain if she were physically well, Wall fell over in getting out of her car, upon which the motorist drove her to-the police station. Mr-Bum said that Wall, before driving, had drunk white wine at a friends’ place on top of “mood elevation” pills, without realising what effect it would have.

An application for the suppression of Wall’s name was refused.

CONVERTED CAR Peter Murray Robin, aged 18, a grocer, and Trevor Keith Lagan, aged IS, a dry cleaner, were convicted and remanded on bail until January 29 for probation reports and sentence when they were convicted of unlawfully taking a station waggon valued at *2600 on January 5. Both pleaded guilty. Lagan pleaded guilty to further charges of driving in a. manner which might have been dangerous. and driving while not authorised to. on January 5. Robin pleaded guilty to being a party to the offence of driving in a manner which might have been dangerous. The traffic charges were all adjourned until January 29 for sentence. Sergeant Townshend said both accused went to a party In Rlccarton on the evening of January 4. After leaving the party, they walked along the road and saw a station waggon in a driveway. The car hit a gatepost as It was being backed out. The defendants travelled to the West Coast where they were chased by a traffic officer, abandoned the car and went into the bush.

The car, which had done 1200 miles when taken, was damaged to the value of *l4O, said Sergeant Townshend.

A Transport Department officer said a traffic officer chased the car on State Highway 69 on the way to Inangahua. and during the pursuit the car crossed over two compulsory stops. Lagan, who was driving, had passed another vehicle on the crest of a hill where visibility was almost nil. Lagan did not have a licence, and Robin, who was a probationary driver, admitted giving Lagan Instruction!, said the officer.

DROVE UNDER INFLUENCE When the defendant turned left into Idris Road alter travelling west on Bllghs Road on January 20, he swung wide and collided with a van travelling north on Idris Road, said Detective-Sergeant N. J. Stokes. Francis Kindat John Greening, aged 44, a butcher (Mr A. K. Archer), pleaded guilty to driving while under the influence of drink or a drug on Bllghs Road on January 10 and to careless use on the same day. Detective-Sergeant Stokes said Greening was arrested and certified to be unfit to drive. He had a previous conviction of a similar type in 1960. Mr Archer .said his client was a borderline case and the collision was not serious. Greening was fined *l2O and disqualified for four years on the first charge and was ordered to pay court costs only on the second charge. ATTEMPTED CONVERSION Graham John Akehurst, aged 23, an unemployed carpet worker, who pleaded guilty to a charge of attempted car conversion on January 22. was seen at 3 a.m. by a security patrolman attempting to push a car across a footpath from the yard of City Motors. Ltd. the court was told. On the patrolman’s approach, he ran off. Akehurst was convicted, and remanded to January 29 for a probation officer's report and sentence. “A FOOL TO HIMSELF" Ronald Anthony Dick, aged 29, a workman, said by his counsel, Mr K. N. Hampton, to have great ability, and yet to have had only a few months liberty from Institutions since 1055. was told by the Magistrate that he was "a fool to himself," when sentenced on a charge of burglary. Dick, who is already serving nine months Imprisonment for burglary, was given a concurrent sentence of six months imprisonment for the burglary of a house at McKenzie Avenue, on November 21, from which *424 worth of property was stolen. This sentence, said the Magistrate, would help to give Dick a chance. The Magistrate asked Dick: "Have you ever considered that you yourself are getting the worse end of the stick?" Dick: Often. The Magistrate: Well, you are the one who must make the break yourself, from crime. ... It is a pity your ability is wasted. If you don’t make the break soon, it will be too late. ON PREMISES Terrence John Millard, aged 33, an unemployed tussock grubber, said to have been found In a drunken sleep in the back of a van. with a bottle of methylated spirits beside him. pleaded guilty, and was convicted and fined' *lO. on a charge of being unlawfully on the enclosed premises of Pratts siding, Moorhouse Avenue, on January 2?, but without intent to commit erime.

Millard said that intoxication had led him Into the offence, as he had not realised where he was.

“You have a disgraceful record for a man of your age," the Magistrate said. FINED FOR RECEIVING Leslie Malcolm Muir, aged 36, a driver-salesman, fined *lOO when sentenced for receiving, was told by' the Magistrate: "You can consider yourself lucky.to. be dealt with by way of fine.” The Court, he~'*aid, took a : serious view of the crime of I receiving stolen goods. Muir had admitted receiving a concrete mixer and wheeli barrow. valued at *l3B. knowing the equipment tq have been stolen.

Mr D. H. Stringer, speaking oh Muir's record, said that he had kept out of serious trouble since 1962. On this occasion, Muir had been "used by two other persons, not unknown to the Court, to do their dirty work, and who had got away with the proceeds.”

RECEIVED JET UNIT A man whose name was -suppressed, on the grounds of a previous good record, and that he was unlikely to offend again, was fined *l2O when sentenced bn a charge of receiving a jetboat unit, valued st *232, knowing it to have been stolen. Mr J. G. Leggat, the man’s counsel, described the Offence as a stupid one. His client, he said. Was continually being nut to temptation in his line of business by persons offering him articles for sale, and on thia’ occasion committed the offenee and then .edld the article, without taking stock of the situation. Had he done so, he must have realised that inquiries would inevitably have been made about the jet-boat unit.

The Magistrate, in passing sentence, said that he took into account that the man had already made restitution to the purchaser of the jet-boat unit.

DISQUALIFIED DRIVING Alfred Rickard Maynq, aged 30, a tile labourer, pleaded guilty to a charge of driving on Bridle Path Road on January 21 while disqualified, and waa remanded to January 26 on bail of *lOO. On a .further charge of assaulting Lola N. F. Mayne he pleaded not guilty. ATTEMPTED THEFT Two men who were caught attempting to siphon petrol from a car sales yard, were each fined *2O. .William Joseph Paraku, aged It. a metal poliaher, and Hameru Wiremu, aged 22, a metal polisher, pleaded guilty to attempting to steal a gallon of petrol, the property of L. Kendall, on January 21. Sergeant Townshend said a security patrol located Parakau in the yard, and Wiremu was found in a car nearby. They admitted attempting to siphon petrol.

WILFUL DAMAGE During a scuffle at the Oriental Cafe on the evening of January 19, a bin was damaged to the extent of *l5, said Sergeant Townshend. Before the Court was David Bruce Kettle, aged 18, an apprentice butcher <Mr A. P. C. Tipping), who pleaded guilty to wilfully damaging the bin. He was fined *7 and ordered to make restitution of *l5. ASSAULTED WIFE John Rima. aged 26, a plasterer, was fined *4O when he pleaded guilty to assaulting his wife on January 20. Detective-Sergeant Stokes said that about 8 a.m. the complainant, who was pregnant, sustained a cut mouth

ASSAULTED WIFE John Rima. aged 26, a plasterer, was fined *4O when he pleaded guilty to assaulting his wife on January 20. Detective-Sergeant Stokes said that about 8 a.m. the complainant, who was pregnant, sustained a cut mouth and a bruised eye when slapped by Rima. Rima could give no explanation to the police.

TRIAL ELECTED William David Shutt, aged 50. a miner, was remanded on bail until January 31 tot depositions when he elected trial by jury on a charge of driving under the influence of drink or drug and causing the death of William David Harris on January 13. , . , On a further charge of driving while under the influence of drink or a drug bn Bower Avenue on January 13, Shutt was remanded to the same date. Shutt was represented by Mr M. J. Glue.

STOLE FROM SHOP The defence argument that the accused had had a blackout and could not remember going through the checkout counter was not supported by any evidence called by the defence, said the Magistrate when Lilian Robinson, aged 33, a housewife,' appeared on a charge of stealing groceries to the value of *2.90 from Clarkson’s Supermarket on November 17. 1967. Robinson <Mr A. K. Archer) pleaded not guilty. When entering a conviction, the Magistrate said there was a certificate before the court indicating Robinson’s medical condition, but the prosecution did not have the opportunity to cross-examine an expert witness. On the medical evidence before him, there were Insufficient grounds tor suppression of name, said the Magistrate. Robinson was convicted and fined *2O. DRUNK IN PUBLIC Charles James Fletcher, aged 55. a kitchen hand, was fined *lO, in default six days Imprisonment on a charge of being found drunk in Hagley Park on January 20 having been convicted of being found drunk In a public place once previously in the last six months. CAST OFFENSIVE MATTER Edward Carney, aged 21, .was convicted and fined *lO after pleading guilty by letter to a charge of casting offensive matter in High Street on December 8. BAIL REFUSED Cyril Alan Michael Kemp, aged 27. a painter, was remanded in custody until February 7 when he elected trial by jury on two charges of indecently assaulting boys aged 14 years and 11 years. Leave was given to Kemp (Mr M. J. Glue) to alter his plea on one charge to which he had previously pleaded guilty. TRAFFIC PROSECUTIONS In traffic prosecutions brought by the police, convictions were entered and fines imposed as follows: Careless use: Trevor Charges Porter, *B. Failed to give way: Kenneth Frederick Farr, *l5. Disregarded traffic lights: Kevin Alexander Buckley, costs only (defective brakes on motor-cycle. *10). No warrant of fitness: Joyce Agnes Johnstone, *3. (Before Mr H. J. Evans, S.M.) JOINT BURGLARY CHARGES "You were better able .to appreciate what you were doing was wrong. You played the principal role in three serious burglaries," said the Magistrate when he sentenced Vincent Harold Cant, aged 31. unemployed. to six months’ imprisonment to be followed by a year’s probation, on three joint charges of burglary. He was ordered not to drive during the period of his probation. Neville Graham Bunt, aged 25, a workman, was admitted to probation for two years on three joint charges of burglary and was fined *5O on a charge of theft. The Magistrate said it was with considerable hesitation that he decided not to send Bunt to prison. He warned him that if he broke the terms of his probation he would certainly lose his liberty. The premises involved in the burglary charges were the C.0.R.5.0. clothing store, the Tai Tapu Golf Club pavilion and the Linwood Tennis Club’s pavilion.