MAGISTRATE’S COURT Youth Sent To Gaol For Nine Months On Five Charges

Press, Volume CVIII, Issue 31764, 22 August 1968, Page 9

MAGISTRATE’S COURT Youth Sent To Gaol For Nine Months On Five Charges

Gary Bernard Barrett, aged 20, unemployed, was sentenced to nine months im prisonment when he appeared before Mr W. F. Brown, S.M.. in the Magistrate’s Court yes terday for sentence on three charges of burglary and two of unlawfully getting into vehicles.

The burglary offences were committed at Rangiora and in volved the restaurant of R. C Skelton, the grocery of A. G T. Stevenson, and Edlin Motors, Ltd. The term of imprisonment is to be followed by a year’s probation and he was ordered to live and work where directed. His driver’s licence was cancelled for two years Barrett, who was not represented by counsel, said he had good prospects of getting a job. The Magistrate said property valued at $258.84 had been stolen in the burglaries which were committed in association with other persons. Property valued at $236.54 had not been recovered.

“You are married, your wife is only 18 and you have a 14-month-old daughter. For a person of 20 you have a very bad record and have a number of previous convictions, including one for burglary. You were only released from prison on June 6,” the Magistrate said. “Your mother is willing to help you but she has expressed the view that it is time you stood on your own feet Your wife is also standing by you. There is no possible alternative but to send you to prison as you have just served six months and have not learned your lesson,” said the Magistrate. FINED $l3O

When a police patrol stopped his truck in Stanmore Road and the door was opened, James Albert Fowlds, aged 41, a truck-driver almost fell out of the cab, the Court was told.

Fowlds (Mr P. Davies) pleaded guilty to a charge of driving while under the influence of drink or drugs on July 27. He was convicted and fined $l3O and was dis qualified from driving fox three years. Fowlds had failed to pass any of the usual roadside tests, and at the Central Police Station was certified as unfit to drive, Sergeant J. P Downes said. Mr Davies submitted the case was not a bad one of its kind and that the loss of licence would be a severe penalty for Fowlds, who would lose his job. CHARGE DISMISSED The evidence for the prosecution had not been sufficiently sure and positive, the Magistrate said when dismissing a charge of wilfully obstructing a police constable in the execution of his duty against Robert Tait Fryer, aged 18, a shipwrights' labourer (Mr G. T. Mahon).

The case had been part-heard on Tuesday and was completed yesterday. On Tuesday, evidence was given that Constable Paul James Cunneen had, on July 27, called out to the occupants of the yacht. Beasley County, tied up at Cashin Quay, Lyttelton. He intended to execute Bench warrants for the arrest of Antonlus Oud, who he believed to be on board.

The prosecution evidence alleged Fryer had assisted Oud to escape. Fryer denied this. Yesterday evidence was given by Fryer and by Gladys Hay, who was also on the yacht. Miss Hay corroborated Fryer's evidence and said she thought Oud was going to give himself up, not make off.

PERIODIC DETENTION Appearing for sentence on a charge of burglary of a house at 19 Ingoldsby Street on July 26, Alan Vernon Lewis, aged 19. a sand-blaster (Mr Powell), was sentenced to periodic detention for six months and was released on probation for 18 months. Mr Powell said Lewis admitted that drink had played a significant part in his life, and intended to reduce his drinking. He submitted probation and a line would be an appropriate Lewis had previous convictions and was on probation when he committed the present offence, the Magistrate said. The probation officer’s report recommended that periodic detention be considered. Lewis was ordered to live and work where directed, take out a prohibition order, and make restitution of $l6. BURGLARY ADMITTED Stephen Frank Coward, aged 17, was remanded on ball to August 23 for sentence on charges of burglary of the Papanul Pathfinders’ Lodge al Lake Lyndon on July 30 and assaulting Jeffrey David Wilson on June 22. Coward had previously pleaded guilty to the charge of assault and was to have been sentenced yesterday when he admitted the charge of burglary. Sergeant V. F. Townshend said Coward and three other youths went to Lake Lyndon. The accused climbed in an unsecured window of the lodge and opened the door to let his friends In. Coward stole $3 and a tin of beans and took a plate, knife and fork which he threw on the ice when he was finished with them. DISCHARGED

Two students, whose names were suppressed, were discharged without conviction under section 42 of the Criminal Justice Act on charges of being found unlawfully on a building at 888 Colombo Street. Mr G. T. Mahon,, who appeared for both defendants, said they had each paid $2O towards the cost of prosecution and had personally apologised to the matron of the hostel.

SURVEY-TAKER BITTEN Elaine Marcia McCormick pleaded guilty to a charge of being the owner of a fox-terrier dog which attacked Nola Elizabeth Mlles In English Street on July 11. She was fined $B. The woman bitten on the ankle was conducting a survey, the Court was told. Mrs McCormick said the dog chased the woman off her property, and the Injury was very slight. CHARGE DISMISSED A charge against David William Gill, a driver, of falling to give way to the right at the corner of St Asaph and Montreal Streets on May 28 was dismissed. He pleaded not guilty and was represented by Mr G. T. Mahon.

OTHER CHARGES' On other charges brought by the police, offenders were dealt with as follows, with costs of $5 on each charge. Careless driving: lan Leslie Alexander, $2O and disqualified for two months: Bevan John Clark, $25: Nigel John Dykes, $2O and disqualified for three months.

Proceeded from •stop sign when way was not clear: Norma Catherine Jeffs, $l5 and disqualified for one month. Failed to give way: Harold Ernest May, $25 and disqualified for three months.

Double-parked: Warren Leslie Hantz. $lO.

Minor found in bar: Eoin James McCauley, $4.

(Before Messrs A. R. Chambers and M. C. Butler. Justices of

the Peace) COMMITTED FOR TRIAL

John Henry Brockenshlre, aged 51. a painter, was committed for trial in the Supreme Court on a charge of burglary of the shop of Woodsides I.G.A. Food Centre, 281 Opawa Road, on July 27. He pleaded not guilty and was represented by Mr W. R. Johnston.

Constable T. J. A. Dunn said at 12.55 a m. he was on uniform car patrol when he noticed the doorway of a shop in Opawa slightly open. There was a car with the driver’s door open, and tail lights on, parked on the wrong side of Curries Road. Witness and Constable B. G. Saunders went into the shop. Brockenshlre was standing behind the service counter and a

second person was crouching behind the counter.

Constable Saunders had asked what they were doing there and the accused had replied: ’’Fair catch, fair cop.” There was an apple box. partly filled with cigarettes and tobacco on the floor. Brockenshlre’s shirt was bulging with packets of cigarettes which he emptied on to the floor of the patrol car. When Brockenshlre was told he was charged with burglary he had said he would admit to theft but not to burglary, Constable Dunn said.