MAGISTRATE’S COURT Man Fined For Assault, Ordered To Pay $30 Compensation

Press, Volume CVIII, Issue 31596, 6 February 1968, Page 7

MAGISTRATE’S COURT Man Fined For Assault, Ordered To Pay $30 Compensation

“You are close to being sent to prison for the maximum term,” Mr K. H. J. Headifen, S.M., told Francis McGlinchey, aged 23, a bricklayer’s labourer, who pleaded guilty to assaulting Colin Donald Boyd on February 2, when he appeared in the Magistrate’s Court yesterday. Sergeant J. P. Downes said that abput 2.15 pjn. Mr Boyd, the bar manager at the Esplanade Hotel, had heard bad language from a group in the bar. He warned the group, which included McGlinchey, about the language and told McGlinchey that he could be served no more liquor. McGlinchey hsd then told Mr Boyd that if be stopped the barman serving them he would "hang one” on him. Mr Boyd replied that that made no difference and McGlinchey would still have to leave. Mr Boyd then walked •way.

Members of McGlinchey's group tried unsuccessfully to restrain him, but he struck Mr Boyd, stuck a Anger in his left eye and after Mr Boyd fell to the floor McGlinchey had tried to kick him. Mr Boyd had received medical treatment for his eye and would have to receive further treatment, said Sergeant Downes. The Magistrate told McGlinchey he already had a record of fighting, disorderly behaviour and drunkenness and had served a prison term for a similar offence. McGlinchey was fined $lOO and ordered to pay Mr Boyd $3O compensation. ASSAULT CHARGE

Peter Alan Bell, aged 35, a driver, was fined $lO on a charge of asaulting Russell Lawrence Hair. Bell, who was represented by Mr R. G. Blunt, pleaded guilty. Sergeant Downes said Hair parked his car in front of Bell’s truck in Press Lane about 1.40 a.m. on December 23. Bell asked Hair to shift his car and when he refused he struck Hair a hard blow in the region of the left eye, blackening it and inflicting a deep cut on the bridge of his nose, which required stitches. Mr Blunt said Bell was a truck driver with Hervey Motors, Ltd, of Timaru, which ran a service six days a week between Timaru and Christchurch for the cartage of “The Press”, mail, parcels and passengers. He left Timaru each night at 9.45 p.m. and at 1 a.m. went to Press Lane to pick up newspapers for delivery in Mid and South Canterbury.

The alley was not a public right of way, and was owned by the Christchurch Press Company. There were notices in it stating that trespassers would be prosecuted. In the early hours of the morning, a number of trucks had to back into the alley to load papers and the drivers had to keep to a schedule.

Frequently the alley was blocked by unauthorised vehicles. Recently Bell went into a hamburger bar and asked the customers if anyone owned a car that, was blocking the entrance to the alley. No one admitted owning the vehicle but a few minutes later a group came out of the hamburger bar and drove off. Recently Bell had knocked the wing mirror off his truck because of an unauthorised vehicle obstructing the alley. Hair, who had a number of criminal convictions, had a rather irritating manner, said Mr Blunt He was asked to shift his car twice and he replied that he would shift it at his convenience and when he was good and ready. Bell thought he had a right to evict a trespasser from Press Lane but instead of using the English method he used the Kiwi one. Hair had claimed be had business in the Press Company building but then.' admitted he only wanted a paper, Mr Blunt said. “It is plain that Hair was the author of his own misfortune,” said the Magistrate. “Any rational person would have been irritated in the circumstances.” STOLE CAKE MIXERS “You have lost your job and good character all for the sake of taking a couple of eake mixers.” the Magistrate said when he fined Thomas Langston Brennan, aged 26. a former Lyttelton Barbour Board erane driver. ISO on a charge of Mealing two cake mixars valued at 143. the property of Turnbull and Jones, Ud. Be pleaded guilty. I sergeant* Downes said that on January 21 the Lyttelton police received > complaint that 12 aaachiMs had been stolen from the Cashin Quay goods sheds. The machines were in two- eartons aad had been in the shod for about three days. Inquiries were made and two

of the machines were found in a haversack in the boot of a car. Brennan frankly admitted taking the two cake-mixers and said he had intended *o sell . them. There was nothing to suggest ho had been involved ' in the theft of the other mixers. ' He had previous convictions, . Sergeant Downes said. Mr G. B. Lascelles, for the accused, said Brennan was not the instigator of the offence. He was driving a forklift truck and had been asked to take one of the crates of cake-mixers to one end of the shed. He had committed the offence on the spur of the moment. He had lost his job and had no savings. "Imprisonment must bo eonsidered for this offence or a substantial line," the Magistrate said. “A deterrent penalty must be imposed. The offence involves the theft of goods in transit and strikes at the business community.” DROVE UNDER THE INFLUENCE Raymond William Baker, aged 34, a drainlayer, pleaded guilty to two offences committed on February 2. He was fined 1100 and disqualified for four years on a charge of driving in Aidwine Road while under the Influence of drink. or a drug and was flnod (is for careless use of a vehicle. Sergeant Downes said an offduty constable driving in Aidwins Road had to brake sharply to avoid Baker’s car as It drove out of Herron Street into Aidwins Road. Another vehicle travelling, in the opposite direction also had to brake sharply. Baker’s car then travelled about half a mile on the incorrect side of the road before stopping at the Linwood Avenue traffic lights, still on the incorrect side. A doctor certified Baker as unfit to drive. Baker told the Magistrate he had not realised ho had had so much beer. Ross Allison, aged 21, a plumber, pleaded guilty to two offences committed on February 3. Ho was flnod IMO for driving in Moorhouse Avenue while under She influence of drink or a drug and was ordered to pay Court costs only for carelessly using a vehicle. Sergeant Downes said Alli. J®" » vehicle, had hit a traffic light pole tn Moorhouse Avenue. A doctor had later certified him as unfit to drive. ,o,< ,h * Magistrate •hat hit mind must have been, °" Ms father, who had had an accident at ths Woeleton Working Men’s Club. Maurice Victor MeNicholl, aged 11, a wool store worker, pleaded guilty to three offences committed en February 2. Ho was fined IMO and disqualified for three years on a charge of driving in Springs Road while under the

influence of drink or a drug. He was also fined 110 for carelessly using a motor vehicle and £l2 for consuming liquor in a hotel while a minor. Sergeant Downes said that about 3.55 p.m. a traffic officer while on patrol had been overtaken. The car was followed at a speed of 50 m.p.h. and stopped. MeNicholl was ■ certified as unfit to drive by a doctor. When interviewed he had said he had been drinking in the Blenheim Road hotel. WILFUL DAMAGE Beidar Vitly Huatorpet, aged M. a punt operator, pleaded guilty to ebarges of wilfully •Jtnaglsig £ ll *’* * oer valued at Sil on February 4 and with being found unlawfully on promise) at 13 Ely Street. Sergeant Downes laid the complainant had heard the Sound of breaking glass at his home. While investigating he had seen a hand reaching through the broken glass of the front door, fumbling for the door cateh. The police were called and the accused, who had been drinking, was interviewed. He had previous offences. Huatorpet said he had been to a party with some Maoris i and they had turned on him. . He had gone to the house at 11 My Street, and tried to wake the people as he wanted the i police called. Ho was unsuccess- [ ful so he broke the door. When , the occupier was told he wanted the police called the ■ occupier had told him to go I away, Huatorpet said. On the wilful damage charge t Huatorpet was fined IM and 1 ordered to pay reatitution of . til. On the charge of being ' unlawfully on premises he was i ordered to pay Court eosts of I ■ , ESCAPED FROM PRISON Arthur Byron Pearce, aged 21, a workman, pleaded guilty ’ to charges that on jahudvyj* 1 he escaped from rapitue Prison, and broke and entered

the Templeton Country Club, Pound Road. He also pleaded guilty to a charge of unlawfully taking a light truck valued at . 1350 the property of Broadlands Finance, Ltd, on January 31. On all charges he was remanded to February I for a probation report and sentence. Sergeant Downes said that on June I Pearee had been sentenced to 21 months imprisonment on burglary and false pretences, charges. At 4.15 p.m. on January 31 he had, with another, been reported missing. He was later located at Ashburton. Ha had admitted breaking into the Templeton Country Club with another and. taking the truck. PROBATION Stuart Gary Akers, aged IS, a machine operator (Mr G. T. Mahon), was admitted to probation for a further 12 months when he appeared for sentence on a charge of having unlawful sexual intercourse with a girl aged 14 years I months, FINED 112 Erie William James Page, aged 11, an apprentice painter,’ was fined 112 on a charge of riding in a position on a car liable to cause himself injury. He pleaded guilty. Sergeant Downes said that at 7.55 p.m. on December 21 Page was seen standing on the left front running board of a car travelling at between 20 and 25 miles an hour on Seaview Road. Page wat leaning over the roof of the car. The Cay was stopped and page said he had heard something strike the roof of the car. HI loaned out to see what it was. Page denied that he had opened the door of the ear and said he was leaning out of the window. The driver of the car. Kevin David Gardiner, aged 17, a labourer, was fined IM on a charge of permitting Page to ride In a position on a vehicle ewjawr NAME IUmXSSED A youth, whoso name woo suppressed, was remanded on ball to February 13 for sentence TRAFFIC CHARGES Vertono. '’♦Rs'* Osborn. N; John Arthur William **No M warrint Of fitness: Wayn* Howard Gardiner. N. . from February 12. Careless use of car: Graham Francis Holder, 136: Mary Jean Horne, 36. .- s (Before Mr W ; F. Brown, B-M-b BORSTRL TRAINING “the accused’s behaviour indicates quite cold-blooded dishonesty, and the probation report says be is completely irrelpohslble and untruthful, said the Magistrate when Imposing periods of Borstal training on Alfred John Oldham, aged IS, unemployed. Oldham was appearing for sentence on four charges of false pretences Involving cheques, and charges of obtaining credit by fraud, theft, burglary, receiving and breaking ths terms of probation, between August 11, IH7, and January I, UN. When asked if ho had anything to say: ’Oldham said he wanted to appbal against ths [ng sentence gaidkOMkam had Ho had been convicted at theft In April, INI, when ho was placed on probation, had boon lined for then in March, MN. had been placed bn probation tor theft as a servant in November, MN, had been sent to a detention centre for theft in May, IN7, and was fined for theft In September, IN7. “1 have decided that Borstal la the appropriate sentence," said the Magistrate. SHOPLIFTING There was an element of planning to some extent, said the Magistrate when Haylee Anne Moore, aged 17, a student, appeered for sentence on two charges of shoplifting Involving books, clothing, toys and food at Mount Maunganul on December M. Counsel, Mr M. J. Glue, skid Moore had come from an un nappy environment and had not 'v?.*' Aneiw ‘Ttd MNnKd* Natod'Vn ‘ptoSaUa for a rear when he kSaosSd months on the second* ehatgo ~T‘ “Until now yeu have tskett no notice of the disquelifioation Order—lt amounts to ah attitude of defiance,” said the Mag(strale. He said he had intended to send Andrew to a detantion centre but would not because of hit health. ADJOURNED When he appeared for sentence on a charge of stealing a car mirror and a ear sign on December 15. William David Anthony Torrance, aged 19 a van driver, was told that the charge would be adjourned until May 5 with a view to discharging him without conviction under Section tt of the Criminal Justice Act. Torrance was ordered to pay ta towards the cost of prosecution before that The Magistrate said thit Torrance had a good work record and sporting record and it ’••Md be a- pity for him to hive a conviction. Ho had removed the sign and the mirror on impulse.