MAGISTRATE’S COURT Probation And Fines On Burglary Charges

Press, Volume CVIII, Issue 31754, 10 August 1968, Page 16

MAGISTRATE’S COURT Probation And Fines On Burglary Charges

Three young men who stole duplicators, typewriters and a tape-recorder and tapes from the University of Canterbury and the Christchurch Teachers’ College so that two of them could publish a magazine called “Fester,” were yesterday placed on probation, and in two cases fined, when they appeared for sentence before Mr W. F. Brown, S.M., in the Magistrate’s Court.

Christopher Thomas Holme, aged 27, a student (Mr B. J. Drake), was placed on proba, tion for 18 months on each of three charges: a joint charge of burglary of the Teachers’ College on March 28, a charge of burglary of the university on May 25, and a charge of stealing a typewriter on May 22. He was also fined $4O on the charge involving the burglary of the university, $2O on the charge of theft, and on an extra charge of receiving an electric drill and drills, valued at $l4, on April 7, to which he pleaded guilty, he was sentenced to 18 months probation and was fined $l5.

Special conditions of his probation are that he live and work as directed by the probation officer and take such medical or psychiatric treatment as directed. Russell Genese, aged 23, a clerk (Mr J. G. Leggat), appeared for sentence on two charges of burglary. He was placed on probation for 18 months on each charge, with the condition that he live and work as directed, and was fined $4O on the charge involving the university. Wade Robert Grave, aged 19, a student (Mr A. P. C. Tipping), was also placed on probation for 18 months on each of two charges of burglary. He was ordered to live and work as directed by the probation officer. Except for one period Holme had been at the university since 1959, and it was significant that the university had not given up hope for him, Mr Drake said. He had changed from his original electrical engineering course to a science degree, and was above the normal level of people who appeared before the Court on burglary charges. Holme took a full part in university activities and obviously enioyed university life. The offences were connected with the wish to produce the magazine with the object of making money to give to a club.

Holme came from a respected family. If ever there was a case of a man who needed guidance and encouragement it was Holme. Mr Drake said. He suggested probation would be an appropriate sentence.

Mr Tipping said Grave was the youngest of the offenders and was to some extent led into the offences by the encouragement of the others. He produced references for Grave and commented on the probation officer’s report on him.

Mr Leggat said Genese came before the court for the first time with a history which was not only good but outstanding.

The offence had resulted in no property damage, no profit resulted from the offence, and the property had all been recovered.

He submitted that Genese had done what could be "a bit of unlawful borrowing.” It had not presented itself to him as a blameworthy offence though it had done so later. Holme was a fully intelligent person and it was a matter of regret that he should appear in Court, the Magistrate said One would have expected higher standards of conduct from him. Genese had received a good report from the probation officer and he should have had enough sense to realise the risk he was running to his career. Grave was the youngest of the three, but he noticed he had accepted responsibility with the others, the Magistrate said. RECEIVED WATCH Five watches which were among watches worth $5OOO stolen from F. W. Throwers jewellery shop Colombo Street, Sydenham, had been found in the possession of Lewis Meads, aged 49, a tractor-driver, the Court was told.

Meads pleaded guilty to a charge of receiving the watches valued at $2BO, and was con-

victed and remanded on . bail to August 16.

On the application of SeniorSergeant F. G. Mulcare, the name of the person from whom Meads received the watches was suppressed. TWO MONTHS GAOL Two months imprisonment was imposed on Kenneth Linton Morris, aged 43, a social security beneficiary, when he appeared for sentence on a charge of stealing a cardigan valued at $16.25, on July 26. Morris had a bad record and prison seemed to be the only course to take, the Magistrate said. STOLE RADIO Peter Horatio Nelson, aged 21, unemployed, pleaded guilty to a charge that on August 3 he stole a radio worth $3O, the property of Janice Irene Forsyth. He was convic ( tcd and remanded to August 16 on bail, for sentence. INDECENT ACT Harold John Wayne Harding, aged 20, a railway worker (Mr A. P. C. Tipping), pleaded guilty to charges that on July 6 at Hokitika, he did an indecent act on a girl aged eight and that on March 31 at Hokitika he stole two pleated skirts and other clothing including women’s underwear of a total value of $B4. He was convicted and remanded on each charge in custody to August 16 for sentence. ADJOURNED A charge of theft of a longplaying record against a youth whose name was suppressed. 1 (Mr A. P. C. Tipping), was adjourned to December 13 when he appeared for sentence. He was ordered to pay $l5 towards the cost of the prosecution, and to take medical treatment SUPPLIED LIQUOR On a charge of supplying a minor with liquor, being a person other than the manager of the Embassy Hotel. James Cyril Hawthorne, a barman (Mr G. T. Mahon), was fined $6. He pleaded not guilty. He was prepared to accept that defendant thought the young man was 21, but he did not consider he had reasonable grounds for that belief, the Magistrate said. Defendant had given his evidence with considerable candour. Peter Vinson Smith, the manager of the hotel (Mr Mahon), pleaded guilty to a charge of supplying a minor with liquor and was fined $4. It was a case of vicarious liability, Mr Mahon said. BREACH OF PROBATION Pleading guilty to a charge of breach of probation in that he failed to report as directed, Hamish Frank Webb, aged 20, was convicted and fined $lO. FOUND DRUNK Pleading guilty to having been found drunk in the foyer of Sunnyside Hospital having twice been previously convicted of drunkenness in the last six months, William Martin, aged 49, a social security beneficiary, was convicted and remanded in custody to August 14. It would appear Martin was in urgent need of treatment for his alcoholic condition, said Sergeant J. P. Downes. Martin asked to be committed to an institution for treatment. OTHER CHARGES On other charges brought by the police offenders were dealt with as follows, with costs of $5 on each charge: Failed to give way: Desmond Martin Brown, $2O: Myra Garfield McLernon, $25; lan Norman Asquith, $l5, disqualified for six weeks. Careless driving: Konstantin Peceny, $25; Allan William Davey, $l5. disqualified for three months (no warrant of fitness, costs only). Failed to report damage: Peter Alexander Murray, $B. Failed to report accident: Kenneth Wayne Wright, $l5. Minor found in bar: Adam Arnold Mitchell, $lO. (Before Mr J. D. Kinder. S.M.) CARELESS USE CHARGES A charge against Robert Lang Biggart, aged 64. a skilled labourer, of driving in a manner which might have been dangerous was reduced to one of careless use. Biggart (Mr D. M. Palmer) pleaded not guilty. The offence took place on State Highway 75 at Halswell on May 11. A fine of $3O was imposed. James Alfred Day, aged 48. a railway employee (Mr B. A. Hunt), was fined $25 and was disqualified for three months when he was convicted of carelessly using a motor-vehicle in Wharenui Road and Blenheim Road on April 26. He pleaded not guilty. Having pleaded guilty to a similar charge, Derek Clarence Davies, a painter, aged 18 (Mr L. G. Holder), was convicted and fined $3O and disqualified for three months. The offence took place in Guildford Street on October 5, 1967.

SPEED DANGEROUS David John Isles, aged 34, a glass sorter, was fined $4O and

disqualified for one year when he was convicted of driving at a speed which might have been dangerous in Carmen Road on May 10. Isles (Mr R. F. B. Perry) pleaded not guilty. WAY NOT CLEAR On a charge of proceeding from a stop sign when the way was not clear, Sidney Bernard Cavanagh Brown was convicted : and fined $2O. He pleaded not | guilty. FAILED TO STOP Convicted of failing to stop 1 at a stop sign, Owen Roy McHerron, aged 37, a steel worker, was fined $l5. He pleaded not guilty. (Before Mr E. S’. J. Crutchley. S.M.) TWO YEARS GAOL Peter Thomas Shearer, aged 22, a rubber worker, was sentenced to two years imprisonment when he appeared for sentence on a charge that on February 26 at Clarkville he received 16 coils of copper wire worth $2896. The Magistrate said he would impose a deterrent sentence in the hope that Shearer would change his way of life after release. Shearer, while on bail, had absconded to Australia where when his money ran out he had got into trouble, and served a two months prison term before being deported. CHARGES DISMISSED Charges that on April 16 she stole a dress valued at $l2 and alternatively she received the dress. brought against a woman, whose name was suppressed (Mr M. J. Glue), were dismissed. (Before Mr P. L. Molineaux, S.M.) FALSE PRETENCES Dick Jacob Marsters, aged 29, a freezing worker (Mr K. N. Hampton), pleaded not guilty to six charge of false pretences in March and April involving a total of $79.20. He pleaded guilty to a further charge that he obtained credit [amounting to $18.90 by false pretences. He was convicted on all charges. and remanded to August 16 in custody for a probation officer's report and sentence.