MAGISTRATE’S COVRT Imprisonment For Burglary And Car Conversion

Press, Volume CVIII, Issue 31661, 23 April 1968, Page 7

MAGISTRATE’S COVRT Imprisonment For Burglary And Car Conversion

Terms of imprisonment totalling two years and a half were imposed on Zack Hakaria Andrews, aged 28, a driver, when he appeared for sentence before Mr H. J. Evans, S.M., in the Magistrate’s Court yesterday on five charges of burglary. one charge of being in possession of housebreaking implements, and a charge of unlawfully taking a motor car valued at $7OO. He had pre viously pleaded guilty to the offences. The Magistrate said the offences of burglary were serious ones, and three of them! had involved the use n f explosives. They were unitted within a month oi e defendant being placed on probation.

“You cant expect any leniency from this Court, particularly in view of your past offending,*’ the Magistrate said. L f On a charge of breach of probation at New Plymouth on March 22, Andrews was convicted and discharged. ONE YEAR’S GAOL Desmond Leon Fitzgerald, aged 38. a gardener, was sentenced to imprisonment for one year when he appeared for sentence on two charges of false pretences and one charge of attempted false pretences. He was ordered to make restitution of $146.50. The Magistrate said the defendant had a deplorable record. It was full of offences involving dishonesty. $9O FINE

Ivan Trevor Duffield, aged 36, a workman, was convicted and fined $9O and was disqualified from driving for three years on a charge of driving under the influence of drink or drugs in Selwyn Street on March 26. Duffield (Mr L. M. O’Reilly) pleaded not guilty. Mr O’Reilly submitted that it was not a bad case of its kind and he said his client did not think he was incapable of driving a motor car after having consumed three jugs of beer. NINE MONTHS GAOL Robert James McMahon, aged 25. unemployed (Mr K. N. Hampton), was sent to prison for nine months when he appeared for sentence on four charges of burglary, one of unlawfully taking a car. and one of driving while disqualified. McMahon was a very unusual character, Mr Hampton said. Most of his previous offences were committed when he was in his teens and while he was trying to build up some sort of* a hero image which he got from the comic books he was reading at the time. In 1960 he was sent to Borstal and since then he had not appeared be-1 fore the Court on a criminal i charge. GAOLED FOR ASSAULT Terrence Kumi Hemi, aged 23. unemployed, was imprisoned for nine months when he appeared for sentence on charges of assaulting Norman Bryant on March 26 and receiving $2O when he knew it had been stolen. Mr Allan, for the accused, said Hemi and others, including the complainant, spent the day drinking because they were unemployed and had nothing to do When the offence occurred they were all the worse for liquor. FINED $5O When asked by detectives the reason for his dangerous driving a youth had replied: * Don’t you know that I'm a lunatic,’’ the Magistrate was told. David James Norton, aged 20. a musterer. was fined $5O and had his driver’s licence cancelled for two years on a charge of driving at a speed and in a manner which might have been dangerous. He pleaded guilty. EIGHT CHARGES ADMITTED Frederick Llewellyn Williams, aged 18, an unemployed mattress maker, pleaded guilty to five charges of burglary, two of attempted burglary, arid one of theft. He was remanded to April 30 for sentence. When interviewed by detectives, Williams had been very frank, said Senior-Sergeant F. G. Mulcare. The offences had been committed with a person who had been dealt with in the Children's Court. Williams had used his mother’s car to commit the offences. Most of the stolen property had been thrown in Lyttelton Harbour when he realised that the police were getting near and the property was too “hot” to handle. Goods worth $803.1 had been stolen, $120.33 worth had been recovered and the damage amounted to $ll2. Williams’s share of the restitution was $397.33. said Senior-Sergeant Muicare.

OBSCENE LANGUAGE Ivan James Hollows, aged 27. a plumber (Mr G. T. Mahon), was convicted and fined $lO on a charge of using obscene language in High Street on April 20. He pleaded guilty. Senior-Sergeant Mulcare said that Hollows used the language outside a cafe while being interviewed by the police concerning a disturbance inside the cafe earlier. There was a large crowd present at the time.

Mr Mahon said that Hollows had no part in the disturbance, but was struck by a table thrown by another person. He suffered a cut above his eye and was very annoyed by the incident.

PERIODIC DETENTION Frederick Hicks, aged 18, unemployed, was sentenced to training in a periodic detention centre subject to passing a medical examination, and he was disqualified from driving for 30 months. Hicks was appearing for sentence on charges of driving in a dangerous manner on Waltham Road, failing to stop after an accident, and failing to ascertain if anyone was injured. The Magistrate said that on the afternoon of January 31 Hicks drove a car on Waltham Road at a very excessive speed.

(struck and injured two cyclists, I badly damaged the cycles, and kept on driving. Hicks was remanded on bail. ROGUE AND VAGABOND Bert William Henry, aged ss, a painter, pleaded guilty to two charges of being a rogue and vagabond and two charges of theft on April 19. He was convicted and remanded on bail to April 30 for sentence. Senior-Sergeant Mulcare said that Henry was seen acting suspiciously in Madras Street at 440 a.m. He was seen to go into three properties. Twenty filed keys were found m his possession. He admitted taking a pair of shoes, and a bottle, of a total value of $3. and a paint brush valued at $7. FINED $lOO Stephen Robert Smith, aged 17. ! unemployed, was convicted and fined $lOO and disqualified from driving for three years on a charge of driving on Kilmore Street on April 20. while under the influence of drink or drugs. He pleaded guilty. Senior-Sergeant Mulcare said the defendant’s car struck a parked vehicle at 12.36 a.m. He was later certified by a doctor as unfit to drive. ASSAULT Russell John Hewinson. aged 26, a boilermaker's labourer (Mr D. H. Stringer) was fined $75 on a charge of assaulting Roger Norton on April 5, and fined $lO on a charge of resisting a constable on the same date when he appeared for sentence. He had previously been convicted of the offences. The Magistrate ordered that $25 of the fine on the assault charge be paid to the complain ant. FOUND IN GARAGE On a charge of being found without lawful excuse in a garage at 174 Blenheim Road on April 21, Maurice Charles Gillard, aged 17, a freezing worker, was convicted and remanded on bail to April 30 for sentence. He pleaded guilty. TWO CHARGES ADMITTED William Harold Mills aged 23. unemployed, was remanded in custody to April 30 after he had pleaded guilty to charges of un lawfully taking a car valued at $950 and stealing a .22 rifle valued at $l6 at Dunedin. Senior-Sergeant Mulcare said that Mills took the car, drove to Invercargill and was on his way to Christchurch when he was stopped by a traffic officer at Tinwald. He had taken the rifle from a farmhouse when he had stopped to ask directions and had found no-one at home. LIQUOR CHARGE Decision was reserved when Peter James Smith, aged 18, a plasterer, pleaded not guilty to a charge of being a minor drinking in Cathedral Square on February 2. He was represented by Mr D. M. Palmer. Constable J. Edwards said he saw the defendant with a glass mug and a partly full jar of beer in a parked car in the Square.

Smith denied drinking there and said there was no glass mug in his car at the time. He said the constable did not mention drinking to him at the

time; the first he knew of it, he said, was whon he received a summons.

DISCHARGED Ross Kevin Gordon-Smith, aged 23, unemployed, was discharged without conviction under section 42 of the Criminal Justice Act upon payment of Court costa of $5 and witness expenses of $4 on a charge of being found without lawful excuse in a building at 99 Cashal Street on March 26. He pleaded guilty.

s £ n i or Ser t eant Mulcare said at 9.30 p.m. a person heard an upstairs window of the Gresham hotel being opened. The defendant was later found crouching on the roof.

.w Mr / C * Ti PP in «’ said the defendant had lent a man $2 to purchase cigarettes He saw the man, who was notorious for not returning change, disappear up the back ®£ airs M th* hotel and get through a window. He had followed the man to get his money. A man whose name was suppressed was discharged without conviction under section 42 of the Criminal Justice Act on a charge of assaulting a woman on April 21. He pleaded guilty and was represented by Mr G. R. Lascelles. neglected Pups John Greig Miller, aged 27 -a drainlayer was fined 812 on a charge of wilfully neglecting two labrador cross pups on August », 1987. He pleaded guilty. FINED Sl5 David William Sinclair pleaded guilty to failing to give way to the right and was lined >lB. (Before Mr E. S. J. Crutchley S.M.) TWO YEARS PROBATION Gordon Francis Allen, aged 88. a grocer's assistant, was admitted to probation for two years and was ordered to make restitution of 189.38 and to pay $5O towards the cost of prosecution when he appeared for sentence on six charges of making false statements under the Social Security Act to obtain an unemployment benefit. The Magistrate told Allen he was- lucky not to be sent to (Before Messrs O. C. Mitchell and H. N. Pyne, Justices of the Peace.) COMMITTED FOR TRIAL Three men. who pleaded not guilty to burgling the Pier Hotel in Kaiapol on March 19, were committed for trial in the Supreme Court. They are Johnny Porter, aged 30, unemployed (Mr D. H. Stringer), Haami Tahere. aged 21, unemployed (Mr L. M. O’Reilly), and Howard Desmond Hanson, aged 28, a mechanic (not represented). Evidence was given that 8460 cigarettes. 10 bottles of brandy and seven bottles of whisky had been stolen from the hotel on March 19. It was alleged that the defendants were seen to drive away from the hotel in the early hours of March 19. An application by both counsel for the charges to be dismissed on the grounds of lack of identification was dismissed.