MAGISTRATE’S COURT Young Man Imprisoned For Nine Months For Burglary

Press, Volume CVIII, Issue 31771, 30 August 1968, Page 8

MAGISTRATE’S COURT Young Man Imprisoned For Nine Months For Burglary

Peter Horatio Nelson, aged 21, unemployed, was sentenced to nine months imprisonment when he appeared for sentence on two charges of burglary before Mr W. F. Brown, S.M., in the Magistrate’s Court yesterday. The offences were breaking and entering St Matthew’s Anglican Church, Cranford Street, on August 19, and breaking and entering a service station in Cranford Street on the same date. Nelson had a bad record for a person of his age, said the Magistrate. He was sentenced to Borstal in 1965, had been convicted of being idle and disorderly, theft, breach of probation, then had served nine months imprisonment for them.

He had been given a final opportunity and placed on probation and fined on August 16, but two days later he committed two burglaries. “The only possible penalty now is gaol,” said the Magistrate. ASSAULT Richard Neil Derbridge, unemployed (Mr P. J. Cordner), was remanded to September 3 on bail for a medical examination to see if he is fit to be sent to a detention centre when he appeared for sentence on a charge of assaulting L. R. Todd. Mr Cordner said the offence was caused by misplaced loyalty to friends. “You assaulted a person who was acting in aid of a constable in the execution of his duty,” said the Magistrate. “You have convictions for theft and burglary and are at present on probation. "This was a serious offence. Mr Todd was walking in Cathedral Square when he was asked by two policemen, who were experiencing difficulty with a person who had been arrested, to telephone the Central Police Station for assistance. You forced your way into the telephone box. struck the man on the mouth with a clenched fist and warned him not to call the police otherwise he would ‘cop it’ “At times the police have to call upon persons to assist them and you interfered and tried to prevent the police from obtaining assistance, said the Magistrate. SENT TO WORK CENTRE

Dennis Maleolm Myall, aged 17. a machinist, was sent to the periodic detention centre for six months and was ordered to make restitution of 320.04 when he appeared for sentence on charges of assaulting Hamish Stewart White, harbouring two girls who had escaped from a Child Welfare institution, and a joint charge of stealing six road signs valued at $40.68. the property of the Automobile Association. Mr S. G. Erber. for the accused, said Myall did not know what happened when he committed the assault because he had had too much to drink. The incident started off playfully and then took an ugly turn. He had not known the girls had absconded until after thev got Into the car. Myall had no idea why he took the road signs. He was well thought of by his employer and his behaviour on probation had been good. "The charge of assault was a serious one,” the Magistrate said. “A boy and his companion were cycling along Waltham Road and you asked them to give a friend’s car a push to start. After the boys had done this you struck one of them and tried to pull him from his cycle. The theft of the road signs was straight out vandalism. At the present time you are on probation for driving while disqualified.” PROBATION AND FINE Michael David Butler,, aged 20, a process worker, was fined 175. was ordered to pay Court costs of $5, was admitted to probation for two years, ordered to take out a prohibition order, to live and work where directed and to make restitution of up to $lOO when he appeared for sentence on a charge of burglary of the Coffee Pot restaurant in New Regent Street. The Magistrate said Butler had been fined for burglary in 1966 and had been sent to Borstal for burglary in 1987. He had entered the restaurant through a window and had taken frozen chickens from a refrigerator and cigarettes. His explanation was that he had been drinking heavily. REMANDED Paul Douglas Devon, aged 19, unemployed, was remanded on bail to September 3 for a medical examination to see If he is fit to be sent to a detention centre when he appeared for sentence on charges of burglary of St Matthew’s Church and the service station of A. Beatson in Cranford Street, and breach of probation by falling to report. FINED 360 A fine of $6O was imposed on Stephen James George, aged 17, a deck hand. When he appeared for sentence on a charge of stealing $l4O from a crew member of the Karamu when berthed at Melbourne on August 8. PROBATION Appearing for sentence on a charge of receiving a battery worth 320 at Greymouth on May 19. a charge of theft of property worth $1.20 at Otira on March 3. and a joint charge of attempted theft of petrol at Christchurch on June 23. Graeme Bruce McKenzie, aged 18. a labourer, was placed on probation for two years and ordered to live and work as directed. The Magistrate said the probation report made it clear that McKenzie needed considerable supervision and that he would be better away from Greymouth. Jointly charged with McKenzie on the attempted theft charge. Leonard Douglas Phillips. aged IT, a porter, was placed on probation for one year. ADJOURNED Appearing for sentence on a charge of stealing bedding worth $33.30 on July 6, a young woman whose name was suppressed (Mr P. G. Benseman) was discharged from custody and the matter of her convic. tion and penalty was adjourned to December 13 with a view to being discharged under Section 42 of the Criminal Justice Act.

The Magistrate said a report shewed a distressing home environment. The defendant was described as a capable and kindly girl who would probably not offend again. She was ordered to pay $2O towards the Cost of the prosecution.

FINED $7O, DISQUALIFIED Charles De JOux. aged 17. a glass worker (Mr R. F. Powell),

was line $6O and the period of his disqualification extended for one year when he appeared for sentence on a charge of driving while disqualified on August 2. On a charge of indecently assaulting a girl aged 14 years 11 months on August 2, De Joux was fined $lO. The offence of indecently assaulting the girl arose because De Joux had been encouraged by the girl’s mother to sleep in a bed in the same room as the girl, said Mr Powell. STOLE RADIO Charged with stealing a car radio on May 17, James Barry Robinson, aged 18. a showman’s assistant, was fined $4O and ordered to make restitution of $6O. He pleaded guilty. DAMAGED POT PLANT On a charge of wilfully damaging a pot plant in McKenzie and Willis’s Aroade on July 25. Brian Robert Welsh, aged 18. a workman, was fined $5 and ordered to make restitution of $3. He pleaded guilty. MISCELLANEOUS CASES

The following miscellaneous offenders were penalised, with court costs $5 tn each case;— Failed to furnish return of Income: Stanley Carltdn Skurr, $l5; Esme Prudence Aldridge, $6: Allan Weil Bell. $6; Maurice John Hildbrand, $lO.

Failed to close shop: Robert Trevor Capon, $3: Monica Mary Sherman. $3; VHma Margaret Shaskey, costs only. Failed to clear noxious weeds: Paul Ferrier Pritchett. $4: Bertram George Tait, $2; Henry William Rowlands. $3; Petrus Paulus Blokker, $3O. Left rubbish in a public Elace: P. M. Wilson, $4; M. M ittle, costs only.

Drove heavy motor vehicle with insecure load: Robert Holmes Tubman, $lO.

Bankrupt obtained credit without informing creditor: Clarence Ralph Winston Davey, convicted and ordered to come up for sentence in the next 12 months if called upon. (Before Mr H. J. Evans. S.M.) UNLAWFULLY IN SHIP

Four women, charged with being unlawfully in the Wainui without intent on August 29. were convicted and discharged after pleading guilty. They were Anne Marie Cumming. aged 25. a waitress: Denise Ellen Sheets, aged 21. a housewife: Dorothy May Abbott, aged 25, a hand sewer: and Dawn Ann McDonald, aged 32. a barmaid. They were all represented by Mr M. J. Glue.

The police were called to the Wainui at 11.45 p.m., said Sergeant V. F. Townshend. The chief officer wanted the women removed from the bar, where they had been authorised to be until 11 p.m., and then should have left. One of the defendants had a brother on the ship, and they went to see him. and another defendant was engaged to a crew member, and this was being celebrated, said Mr Glue. The defendants had been on the ship only since the hotel closed at 10.15 p.m.. and their being on the ship was not for any disreputable motive. He was satisfied the offences were less serious than the usual type, and the penalty would therefore be minimal, said the Magistrate. He refused suppression of names. ASSAULTED WIFE

“He seems to make a hobby of assaulting people,” said Sergeant Townshend when Albert Wylie, aged 43, a sheetmetal worker, appeared on a charge of assaulting his wife, Florence Wylie, on August 28. He pleaded guilty and was convicted and remanded in custody to September 6 for sentence. REFUSED TO LEAVE When told to leave the Carlton Hotel on August 3, Robert McCullough Weir, aged 38. a wool store worker, refused to do so. For failing to comply with the order he was fined $lO, and for being found in the bar at 10.37 p.m. by the police he was convicted and ordered to pay costs. Weir pleaded guilty by letter to both charges. KEPT CHEQUE

For keeping a cheque which had been mistakenly posted to his address, Leslie John Sands, aged 24, a driver, was remanded to September 10 for sentence when he pleaded guilty to the resultant charge of theft. He was not represented. RECEIVED ONIONS

On a charge of receiving 47 bags of onions worth $127 from B. F. Basan on July 27, Nbrman William Cole, aged 47, unemployed, was convicted and remanded on bail to September 9 for sentence. He pleaded guilty. Forty-seven bags of. onions were taken from a locked Shed on a market garden bn Cranford Street, said Sergeant Townshend. Cole admitted helping companions load the onions on to a truck, and he sold some of the bags in shops and hotels the next day. FINED, DISQUALIFIED Trevor Clifford Payne, aged 20, a butcher’s shop manager (Mr W. S. Smith), was fined $25 and disqualified from driving for two months on a charge of fatßng to stop for a traffic officer. H 6 pleaded not guilty to the offence, which took place in Ferry Road on the night of May 8, when he failed to stop for a traffic officer flashing a torch. Payne denied that he saw the officer. A further charge of driving at a speed which might have been dangerous was reduced to one of exceeding 30 m.p.h., to which he pleaded guilty and was fined $25. TRAFFIC CASES Other traffic offenders were penalised as follows: Falling to give way: Christine Register, $lO and disqualified from driving for 3 months; Mervan Stewart Johnston, $2O; Jennifer Grace Bell, $l5 and disqualified from driving for three months; Valerie Mavis Wright, $2O and disqualified from driving for three months; J6hn King, $2O. Careless use: Alice May Quinton, $l5 and disqualified for two months; Walter William Bolton, $lO and disqualified for two months. No warrant of fitness: Donald Basil Johnson, $5; Theodore Stewart Kennedy, $5. (Before Mr P. L. Molineaux, S.M.) DROVE WHILE DISQUALIFIED Bruce Douglas Chalmers, aged 23, a storeman, was remanded on bail to September 5 for sentence on a charge of driving while disqualified on August 21. He pleaded guilty. Traffic Sergeant H. J. MeMorran said Chalmers had three previous convictions for driving while disqualified. When stopped by a traffic officer Chalmers had given a false name. He later said he had driven because his employer had said that if he was late for work again he would lose his job. FINED $6 On a charge of failing to produce his driver’s Licence Brendan James Archer was fined $6.

FAILED TO GIVE WAY Tan Gordon Walters was fined $2O on a charge of failing tc give way to the right. He pleaded not guilty and was represented by Mr W, S. Smith. (Before Mr K. H. J. Headifen. S.M.) OBSTRUCTED OFFICER When a traffic officer stopped a man to weigh the load on a truck he was driving, the man got on the deck of the truck with a shovel and proceeded to shift the load eway from he

rear axle, the court was told. Traffic Officer R. C. Phillips said he told John Walter McBrjen, aged 38, a truck driver, at least four times to stop shovelling and get off the truck.

Mcßrien (Mr I. J. D. Hall), pleaded not guilty to obstructing a traffic officer and said he felt he had a right to shift the load whenever he liked.

Mcßrien said that he thought the toad was a “bit to one side” when he was stopped by the traffic officer and therefore decided to shift it. He admitted under cross-examination by Traffic Sergeant H. J. McMorran, that he thought it was possible that there was tbo much weight over the rear axle of the truck and that he might nave been committing an offence. Mr Hall submitted that his client should have been entitled to stop committing an offence as soon as he realised he was doing so. The Magistrate held that the traffic officer had the right to examine the vehicle in the condition it was as it was being driven along the road. “Because the defendant hindered the traffic officer in this examination, he is. in my mind, guilty of obstruction,” the Magistrate said. Mcßrien was convicted and fined $2O. CIVIL CASES

(Before Mr W. F. Brown. S.M.) JUDGMENT SUMMONSES

The following orders were made on judgment summonses: Bert Raymond Avery, labourer, Briggs Road, to pay Kelvin Autodrome. Ltd. $129.50. In default 40 days Imprisonment. warrant suspended while $2 ft week is paid: T. Baker, workman. Riccarton Road. to pay A. R. Black trading as Clyde Store $12.32 (three days or $2 a week): L. E. Buckland, worker, c/o Oakl4ys Glass Merchants, to pay William T. Newsome $96 (30 days or $2 a week). L. H. E. Clare, taxi driver. Shortland Street, to pay D. A. V. Brown $27 (seven days or $2 a week): L. Clydesdale, workman, Main North Road, to pay New Zealand Farmers’ Co-op. Association of Canterbury, Ltd. $25.48 (seven days or $2 a week): E. R. Curtain, timber worker. Marshland Road, to pay Standard Publishing Company. Pty, Ltd, $29.50 (10 days or $1 a week).

S. M. Edmonds, shopkeeper. Ferry Road, to pay H. H. Wauchop, Ltd. $1019.17 (75 days or $1.50 a week); D. Elder, workman, Pevington Street, to pay New Zealand Farmers’ Co-op. Association of Canterbury, Ltd, $129.31 (30 days or $2 a week): Raymond Standish Field, caravan manufacturer, Tilford Street, to pay the Commissioner of Inland Revenue $312.04 (60 davs or $3 a week), C. F. Fox, labourer, Carlsbrook Street, to pay T. J. Keetley $36 (seven days or $2 a week): Ron Hall, workman, Leeds Street, to pay Sansoms

Garage, Ltd. $llO.BO (25 days or $2 a week); Colin Malcolm Hardaker, self-employed, Hereford Street, to pay the Post Office $19.54 (four days or $? a week).

Maurice John Hildebrand, taxi proprietor, Mundys Road, to pay Commisioner of Inland Revenue $416.09 (70 days or 12 a week); W. T. Jacobs, labourer, Hooker Avenue, to pay John Wagstaff, Ltd. $19.90 (three days or $2 a week); S. C. Johnston, Disraeli Street, to pay Reese Bros, Ltd. $25.58 (five days or $2 a week). N. Kamo, driver. Stackhouse Avenue, to pay C. B. Clarke $lB (three days or $2 a week); L. Kerr, landscape gardener, Aidwins Road, to pay Dalgety and New Zealand Loan. Ltd, $121.78 (30 days or $2 a week); L. Landery, workman, Edgeware Road, to pay Haines Motors, Ltd, $36.46 (seven days or $2 a week).

lan McArthur. workman, Delph Street, to pay Francisco Antonio Banfield $43 (10 days or $2 a week); J. B. McNeill, worker, Awatea Road, to pay Smart and Sons, Ltd. $40.65 (seven days or $2 a week): Robert Makene. storemandriver, Know’.es Street, to pay Vincent Precision Radio, Ltd. $29.50 (five days or $2 a week).

D. Morris, Ensors Road, to pay A. J. White, Ltd, $5.50 (two days); David Hugh Ormondy. hotel manager. New Railway Hotel, to pay Alliance Assurance Company, Ltd, $19.16 (four days or $2 a week); F. E. Prime, married woman. Coronation Street, to pay New Zealand Farmers* Co-op. Association of Canterbury, Ltd, $41.60 (10 days or $2 a week).

David Henry Reed, traveller. Armagh Street, to pay E. G. McDonald. Ltd, $49.50 (10 days or 50c a week): J. Reagan, workman, Barbadoes Street, to pay E. G. McDonald. Ltd, $34.25 (10 days or $2 a week); G. W. Renner, worker. Dunsandel. to pay Wright, Stephenson and Company. Ltd. $75 (25 days or $2 a week).

Desmond J. Roberts, labourer. Hampshire Street, to pay Rex Radio and Television, Ltd, $97.65 (25 days or $2 a week); J. L. Roberts, workman, Williams Street, to pay R. E. Aspray, Ltd, $206.30 (60 days or $3 a week); Kevin Rooney, labourer, c/o t.e.v. Maori, to pay H. G. Ingram $69.95 (20 days or $2 a week). Harold Sutherland, butcher, Brougham Street, to pay Sun Insurance Office, Ltd, $67.40 (20 days or $3 a week): Ronald Manning Sutherland, butcher, Brougham Street, to pay Sun Insurance Office. Ltd. $67.40 (20 day* or $3 a week). J. R. I. Taylor, labourer. Pound Road. Yaldhurst. to pay Frew’s Motors, Ltd, $38.62 (10 days or $2 a week): R. Watkins, workman, Station Road, to pay New Zealand Farmers' Co-op. Association of Canterbury, Ltd, $93.32 (30 days or $2 a week). POSSESSION ORDER G. F. Clephane, worker, was ordered to give up possession of a tenement at 71 Peterborough Street, to the Industrial Acceptance Corporation, Ltd. and to pav arrears of rent and costs of $l6B.