MAGISTRATE’S COURT Farmer Acquitted On Charge Of Driving Under Influence

Press, Volume CVIII, Issue 31765, 23 August 1968, Page 6

MAGISTRATE’S COURT Farmer Acquitted On Charge Of Driving Under Influence

A charge of driving under the influence of drink or drugs on August 4, 1967, against Richard Charles Croft, was dismissed by Mr K. H. J. Headifen, S.M., in the Magistrates Court yesterday. Croft, who is aged 22, a farmer of Kurow, pleaded not guilty and was represented by Mr P. G. S. Penlington. Mr Penlington said that a motor accident in Sparks Road, Lincoln, on August 4 which resulted in the death of a man named Dunn, had been the subject of proceedings in another Court. Evidence was given by Norman Patrick Alcorn, an analyst, that he examined a blood sample taken from Croft at 9 p.m. on August 4. He said there was a bloodalcohol count of 165 in the sample given to him. Dr P. B. Maling said that when he examined the defendant he found his response to tests was reasonable and his co-ordination was not as bad as it could have been. “Because there was a nystagmus of the eyes, I formed the opinion that he was not in a fit condition to drive a motor vehicle,” Dr Maling said. “The problem of this Court is to find out what the condition of the defendant was at 6.30 p.m. on August 4—the time the accident occurred,” the Magistrate said. “There was expert evidence available on the defendant’s condition at this time, but it was not given. Because of this, although 1 could assume that the alcohol content in his blood would have been high, there is no definite figure for his biood-alcohol content.

“Therefore, although considerable suspicion surrounds the defendant’s condition as it was given in evidence that he had been drinking off and on between 11 a.m. on 6.15 p.m. on that day, some doubt arises and he entitled to the benefit of that doubt,” the Magistrate said in dismissing the charge. DISQUALIFIED DRIVER Noel Wayne Pow, aged 24, a mechanic, was remanded to August 29 for sentence when he pleaded guilty to a charge oi driving while disqualified in High Street on August 20. <Before Mr W. F. Brown. S.M.) PROBATION Murray Eder, aged 17, a pattern maker was admitted to probation for one year r and was ordered to live and work where directed and to open a savings account when he appeared for sentence on a charge of disorderly behaviour. He was no! represented by counsel. ‘■Your explanation was that you were sitting in a car when a passer-by made offensive remarks,” the Magistrate said. "You spoke to this person who offered to fight you and when you walked away he struck you from behind. Then.to use your own words ‘you got stuck in. 1 You have an unfortunate background but your mother has made a gallant effort to bring up a large family.” CHURCH BURGLARY Paul Douglas Devon, aged 19. an unemployed workman, and Peter Horatio Nelson, aged 21. an unemployed workman, were convicted and remanded to August 29 for sentence on charges of burglary of St Matthew’s Anglican Church on August 19 and burglary of a service station at 153 Cranford Street on the same date. They pleaded guilty to both charges. Nelson was remanded in custody, and Devon was allowed bail. Sergeant R. G. Shields said $2B was taken from the service station, and food valued at $3 was taken from the church building. The food was found hidden in bushes on the property. The house occupied by Devon was searched on August 21, and he admitted breaking into the two buildings by removing louvres. Nelson was later interviewed and admitted committing the offences with Devon. ASSAULTED SON “This is a rather distressing case when a boy of 11 has to give evidence against his father,” the Magistrate said when convicting a man, whose name was suppressed, on a charge of assaulting his son. The accused pleaded not guilty and conducted his own case. The Magistrate said he had no hesitation in accepting the evidence of the bov and rejecting that of the father.

The accused was remanded on bail to August 28 for sentence. BURGLARY Michael David Butler, aged 20, a process worker, was convicted and remanded on bail to August 29 for sentence on a charge of burglary of the Coffee Pot. New Regent Street, on or about August 4. He pleaded guilty. Sergeant Shields said the de fendant took cigarettes and frozen food valued at sloo.’The defendant admitted climbing through a window and stealing frozen chickens. He said he had been drinking heavily and felt a compulsion to break into some place. RECEIVING Graeme Bruce McKenzie, aged 18, a workman, was convicted and remanded on bail to Aug ust 29 for sentence on charges of receiving a battery valued at $2O on or about May 19. at Greymouth, knowing it to have been dishonestly obtained, tiieft of oil and a measure valued at $1.20 at Otira on June 3, and a joint charge of attempted theft of petrol valued at 77 cents on June 23. He pleaded guilty Leonard Douglas Phillips aged 17, a workman, jointly charged with McKenzie for theft of the petrol, pleaded guilty and was remanded on bail to the same date for sentence. Sergeant Shields said the de fendants were apprehended by a security patrolman in Safi Motors while attempting to steal petrol. McKenzie admitted the other offences in Greymouth and Otira. THEFT IN SHIP On a charge of stealing $l4O from the cabin of a crew mem ber of the Karamu berthed at Melbourne on August 8. Stephen James George, aged 17 a deck boy, was convicted and re manded on bail to August 29 for sentence. He pleaded guilty. Sergeant Shields said the de fendant found a wallet contain ing the money under the complainant’s bunk while cleaning out his cabin. He threw the wallet overboard, and kept the money. DISCHARGED A woman, whose name was suppressed (Mr B. P. Field), was discharged from custody when she appeared for sentence on a charge of stealing linen valued at $l2 on February 18. The Magistrate reserved his decision on conviction and sentence until December 13, with a view to discharging her without conviction under Section 42 of the Criminal Justice Act. The Magistrate told the woman that the probation officer did not think probation necessary but that arrangements had been made for her to attend a voluntary agency for counselling. NAME SUPPRESSED A woman, whose name was suppressed (Mr R. J. Allan), was placed on probation for 18 months when she appeared for sentence on two joint chargees of theft of clothing from shops on June 27. She had previously been convicted. TRAFFIC OFFENCES In police traffic prosecutions convictions were entered and fines were imposed as follows: Careless use of motor vehicle: David Morris, $2O: Trevor Neil Dreaver, $B, disqualified for three months: John Andrew

McGregor, $lO, disqualified for three month# (no drivers licence. $B, disqualified for three months): Alexander Newton Reid. $2O (no warrant of fitness, $2).

Failed to give way at sign: Sidney Alexander Wright. $25; Antony James Johnson, $25, disqualified for three months. Failed to give way when turning: Albert Frederick Coad, 115, disqualified for six weeks. No driver’s licence: Emil Birger Julso, costs only. LIQUOR OFFENCES In police prosecutions for liquor offences, convictions were entered and fines were imposed as follows: Being a nrnor, drank liquor in a public place: John Richard Butler. $6 (left bottles in Bedford Row, $8). Minor found in hotel bar: Gregory Charles Baker. $6 (gave false particulars, $8); Roger Lewis Marson, $6: Graeme John Rowe. $6. (Before Mr H. J. Evans, S.M.) NO TELEVISION LICENCE On charges of having an unlicensed television set fines were imposed as follows with costs of $5 and a solicitor’s fee of $6.30 on each charge: Neville Wayne Alexander. $2O: George Keith Ayers, $l2: Bernard, Terence Courtney, $10; Charles > Stuart Crofts. $l2: John Edward Davis, $l4: Charles Leonard Dunstan, $l2; Allan Connel Gibson, $l5; William Frank Huddy, $l2; George Thomas Ives, $l5; Barry Thomas Jack, $l2: Neville Allan Oakley. $10; Frederick Charles Powell. $l2. NO RADIO LICENCE Unlicensed radio: Eric Ogier, costs and solicitor's fee only: Trevor Allen Grant. $5; Vincent Haro-ld Cant, convicted and discharged: Geoffrey Cox. $5: Alan Douglas Flanagan, $4: Frank Richard Gage, $5: Rang! Harden, convicted and discharged: Mete Harrison. $5: Mary Patricia Hartland. $4. Claudie King. $3: Herbert Neil Lane. $4: James Red. $4: Colin Leslie Robertson, $6; Lynsay Maurice Robin, $5; Kenneth David Sadler, $5; Michael Newell Wilson. $4. TRAFFIC CHARGES Overtook on no passing lines: Adam Desmond Shelford. $2O. and to pay solicitor’s fee of $6.30 and Pcence cancelled for three months. Permitted unlicensed person to ride motor-cycle: Michael Tyro, $l5, and to pay solicitor’s fee of $6.30. Failed to produce driver’s licence: Barry Ronald McAllister. $lO. and to pay solicitor’s fee of $6.30. Operated unsafely loaded trailer on approaches to road tunnel: Carolus Jacobs. $3O, and to pay solicitor's fee of $6.30. MISCELLANEOUS CHARGES Failed to furnish return of •ncome: A. W. McKay, Ltd. two charges. $7 on each, and to pay solicitor's fee of $9.45. Lit fire during closed fire season: A. W. Hight, $7. and to pay solicitor's fee of $6.30. (Before Messrs A. C. Rhodes and R. W Gormack. Justices of the Peace) COMMITTED FOR TRIAL Ross Corcoran Murray, aged 44, unemployed, was committed for trial on a charge of burgling the Seven Day Food Supply,. Portsmouth Street, Christchurch, on July 24. Murray (Mr M. J. Glue), pleaded not guilty.