MAGISTRATE’S COURT Year’s Imprisonment For Aggravated Assault

Press, Volume CVIII, Issue 31828, 5 November 1968, Page 9

MAGISTRATE’S COURT Year’s Imprisonment For Aggravated Assault

“We are not going to have to put up with you for some time." said Mr K H. J. Headifen, S.M., in the Magistrate's Court yesterday when imposing a term of one year's imprisonment on Stanley Patrick Wehipeihana, aged 33, unemployed. Wehipeihana was appearing for sentence on a charge of aggravated assault of Matthew Patrick Daley on October 26 and stealing a cash box and contents worth $lB from P. A. Smith.

“Not being content with ordinary assault, to use a colloquialism, you put the boot in when you got him on the ground,” said the Magistrate. “On October 17 this year you were released from prison and on October 26, because you had run out of money, you performed this act.” MANSLAUGHTER CHARGE Charged with the manslaughter of Samuel William Hewett, aged two years nine months, on November 2, Tutai Mokotupu, aged 24, a housewife, was remanded on the application of Mr M. J. Glue to Thursday for a date to be arranged for the taking of depositions. No plea was taken. SWUNG SPADE

Alan Terrance Walsh, aged 25, a chicken farm hand, swung a spade at Traffic Officer Desmond James Bartlett in an attempt to escape fifrest on a traffic charge, the Court was told. Walsh pleaded guilty to a charge of assault on the officer and was fined $75.

Sergeant J. D. Shields said that the traffic officer had approached the defendant about 5.30 p.m. on October 20 in connection with a traffic charge. The defendant ran off and when the Officer caught him about five minutes later lying on the lawn of a house in Ward Street, Church Square, the defendant picked up a spade which was beside him and swung it at the officer's head. The officer managed to get out of the way and though the defendant ran off again the officer caught him five minutes later in a coal shed. The defendant was then handed over to the police and in explanation said he did not remember attacking the officer with the spade. The Magistrate told the defendant that he had a bad record, having been to Borstal and prison, and was fortunate not to get three months imprisonment on the charge. WILFUL DAMAGE

On a charge of wilfully damaging a telephone box, lan Patrick Olley, aged 24, a rubber worker, pleaded guilty and was fined $5O, and ordered to pay restitution of $2455. Sergeant Shields said that at 10.45 p.m. on November 2 the defendant had smashed

fittings and glass for no apparent reason at a phone box at the Hampshire Street shopping centre. Householders nearby heard the noise and called the police, who found the defendant was intoxicated. A request by the defendant for suppression of name was refused. STOLE 1305 Charged with eteaimg ssos from Clarence Morgan Daviee on October 37, a man whoso name was ouppressed (Mr D. H. Hickel was convicted and remanded on ball to November 11 for sentence. Ho pleaded guilty. The defendant had been drinking with Mr Davies In the afternoon and evening, said Sergeant Shields. He decided to go home but had no small change to usd a telephone. Mr Davies, who was in bod, told the defendant to take 3c from his trouser pocket. ThO defendant found the notes and took them. Mr Daviee later told the police that MOS had been in his poeket.

DROVE UNDER INFLUENCE Ronald Hamilton Harper, aged 4S, a company director, pleaded guilty to charges of driving under the influence of drink or drugs on the main highway at Little Blver on October 30, and of driving while disqualified. Mr O. 1. Lascelles appeared for him. sergeant Shields said at 1.30 p.m. Harper was seen by two constables to get into a car at Little River. Ho was stopped after about three-quarters of a mile. At the Akaroa police station ho was certified by a doctor as unfit to drive. On December 31. IM7, Harper was convicted for a second time of driving while under the influence of drink or drugs and was disquaiiflod from driving for 10 years. At the same time he was convicted of driving while disquslied. When remanding Harper on ball to November 11 for sentence, the Magistrate said this was the third Ums he had been convicted of driving while under the influence. ASSAULTS ADMITTED Raymond Clive Frew, aged 33, an unemployed cook (Mr D. H. Stringer), was fined a total of MS and was ordered to pay witness expenses Of 810 after ho pleaded guilty to twd chargee of assaulting Albert Henry Uren. Sergeant J. D. Shields said that about 0.45 p.m. on September 14 Mr Uren Was workIng as a barman tn the private bar of the Fhpanui Hotel. He was speaking to the wife of the accused when the accused came up and ordered him to keep away from his wife. Frew than Mt Mr uren twice in the face with his closed fist. Mr Uren suffered a eut on the lower lip, abrasions to the noso and face, cuts to the right ear, and slight damage to his false teeth. About 10 p.m. on October 10 Mr Uren left the Fapanut Hotel and walked towards hie ear, which was parked on the Main North Road. As ho approached the car Frew Jumped on him from behind. While Mr Uren was on the ground Frew struck him On the mouth. Some persons pulled Frew off Mr Uren, who suffered a cut Inside bls mouth. When seen by the police Frew denied assaulting Mr Uren. Ho said that Mr Uren had attacked him by kneeing him in the groin. While ho was on the ground Mr Uren had klekod him. He managed to got up and grabbed Mr Uren. They started to wrestle and they both fell to the ground. They were then broken up by some persons who were passing, Sergeant Shields said. Mr stringer said Mr Uren had been making remarks about Frew’s previous appearances in Court. He had asked the defendant’s wife if she would housekeep for him. Mr Uren had ehaped up to Frew in the bar and Frew had hit him first. , , . „ Frew had contemplated pleading not guilty to both charges. The offences had been committed under provocation. Mr uren had bein charged with assault, so Frew had been under eomo apprehension tor hIS safety, Mr Stringer said.

BURGLARY “I am not happy with the way you are shaping. The sooner we get you back to your homeland the bettor,” said the Magistrate when Norman Hanean Muir, aged 33, a ship’s engineer (Mr R. F. Powell), appeared tor sentence on a charge of burglary at Lyttelton on October 34. Muir was placed on probation for one year, ordered to pay MS towards the cost of ths Krosocutlon, to taks out a proIbltlon order and to take all possible steps to obtain an early passage out of Now ZeaU As’ a result of a fight with the ship's captain, Muir had not been able to return to hie ship, said Mr Powell. He had to stay in a boarding house. He had nothing to do and was short of ready money, and after an evening of going from hotel to hotel he was considerably under the influence of drink when ho decided to .burgle a supermarket. Nothing was actually taken. TOOK CARS

On two charges of unlawfully taking motor vehicles and one of driving while disqualified, Charlee Do Joux, aged 17, an apprentice glass bldwOr (Mr M. F. Hobbs), was convicted and remanded on bail to November 11 for sentence. He pleaded guilty to all charges. The Court was told that on September 30 De Joux unlawfully took a car valued at 3550, the property of Mr T. J. Wright, whom he know, from a car park at Hornby. He was later involved in an accident causing 3103.50 damage to the car, which ho returned to the park. At 11.55 p.m. on October 4 it was reported that a car valued at MOO, the property of Mr M. C. De Joux, had been taken rrom a property at Templeton. The defendant was later found in the car on Foreman’s Road on October 5 and arrested. He had been disqualified from driving for two years in February.

UNLAWFULLY IN YARD lan Keith Morgan, aged 35, a builder’s labourer, and Leslie Campbell, aged 48, a carpenter's labourer, wore each fined 315 on a charge Of being unlawfully in an enclosed yard at lit BealOy Avenue on November 3. Both pleaded guilty. Sergeant Shields said a complaint was received from a neighbour of an unoccupied house that two men had been sleeping on the premises. Both men said they had boon drinking. INDECENT ACT

Lewis Norman Grant, aged SO, a cleaner, who was to have been sentenced on a charge of doing an indecent act On a girl aged 11 on October 27, Was re, mandefl to Sunnyside Hospital to November IS under Section 37 of the Mental Health Act. The Magistrate eaid Grant was liable to preventive detention but had never been properly examined. FOUND IN BED On a charge of being unlawfully In a building at 87 Buehan Street, Colin David Bernard McCarthy. aged 30, a cleaner, entered a plea of guilty and was fined 320. The Court was. told that on November 2 the complainant returned home at 11 p.m. and found the defendant asleep in

her bed. Ho had no authority to be there.

When aroused by the police ho was found to bo intoxicated. PROBATION Appearing for sentence on a charge of burglary at Lyttelton on September 37, Emma Maude Awblmako Kemp, aged 30, a factory Worker (Mr R. F. PoweM). was placed on probation for One year, ordered to make restitution of 310 and to refrain from drinking liquor. Mr Powell said alcohol had been Kemp’s downfall. When she worked she did so very wen and her landlady spoke won of her. ESCAPED FROM SUNNYSIDE Charged with having escaped from Sunnyside Hospital on October 3, Frederick Christian Diorok, aged 32, unemployed, was remanded in custody to November 11.

Sergeant V. F. Townshend said Dlerck had appeared In Court on September 30 and had been remanded to Sunnyside for Observation. He escaped -and was arrested on October 25 in Rotorua. FALSE PRETENCES Pleading guilty to four charges of false pretences, Frederick Edward Crlbbett, aged 43, a farm hand, was convicted and remanded In custody to November II for sentence. Crlbbett obtained ca'sh and goods worth 3158.50 from two hotels on October 4 and two branches of the New Zealand Farmers’ Co-operative Association, Ltd, on September 28, by presenting valueless choqusa, said Sergeant Shields. Crlbbett was found working on a Waipara farm under an assumed name. He said he had handed the money to another parson, who was unknown. STOLE CLOCK, BOWL Charged with stealing a crystal clock and a wooden bowl worth SIS On November 3, a youth whoso name was suppreessd (Mr A. K. Archer) was convicted and fined 340. He pleaded guilty. The complainant told the police that the property had been stolen from his place while a party was in progress, said Sergeant Shields. The complainant found the property in the back seat of the defendant’s car.

The defendant said the theft had been committed on the spur of the moment. He had been drinking all evening.

STOLE JACKET Raymond Arthur Young, aged 17, a storeman, charged with stealing a jacket worth 330 from Tony Larsen on November 2, was convicted and fined 340. He pleaded guilty. The complainant told the police that his corduroy jacket had been taken from the hall of a house wbero a party was being held. Young denied taking the jacket but when the police found It In his home ho admitted the offence.

“I was drunk at the time,” said Young. OBSCENE LANGUAGE Charged with using obscene language In Cathedral square on November 1, a man whoso name was suppressed (Mr s. G. ErbOr) wax convicted and fined MO. Ho pfoadod guilty. The defendant was sitting on a seat in Cathedral Square and d constable heard him use the language complained of. said Sergeant Shields. There were several women and girls within hearing waiting for buses. “The expression used seems to bo finding Its way into literature with increasing frequency and it may be that the language IS not considered to be si bad as it used to bo,” said the Magistrate. FINED 320

William Lloyd Matey, aged 21. a fitter and turner, was fined 320 on a charge of selling a shotgun to a person under the ago of 21 without a permit. He pleaded guilty. Sergeant Shields said On June 22 Robert Edgar Lobb, aged 17,

was found In possession of a double-barrelled shotgun he had purchased from Mazey. The gun was found to be in dangerous condition. Mazey said he did not know a permit was required to tell a shotgun. INDECENT ASSAULT Thomas Edgar Murfitt, aged 43, retired, was remanded on bail to November 11 for sentence on a charge of indecent assault on a girl aged six on September 20. He pleaded * U y ' FORGERY A woman, whose name was suppressed, was remanded on ball to November 11 for sentence on a charge of forgery of a Social Security Department £ octal warrant valued at 814 on arch 11. She pleaded guilty. CHARGE DISMISSED A charge against Lance Bruce Hayward, licensee of the Ocean View Hotel, Governor's Bay, of wilfully obstructing Constable Albert John Shirley in the execution of his duty was dismissed. Hayward pleaded not guilty and was represented by Mr J. O. Leggat. Constable Shirley said at 3.10 p.m. on August 17 he and another constable visited the hotel. When he looked through the window he saw several girls in the bar who appeared to be under 21. He saw Hayward walk across and speak to them. They got up and walked into the private bar. They had not been served any liquor. Mr Leggat submitted that there had been no obstruction. Hayward had not prevented the constable from seeing the girls nor had he tried to hide them. The girls had gone into a sitting room, not to the private bar. It was the duty of a licensee to put the girls out of the bar when they were under age. They had been there only a short time and Hayward did what hO was required to by taw; The Magistrate said he was not prepared to hold (hat this was a case of obstruction. The prosecution had not proved the defendant’s Intention to obstruct the constable. TRAFFIC CASES In traffic charges brought by the police, convictions were entered and fines imposed as follows, with costs 85 in each ogee;— Failed to give way: Lyndon Richard McEntroe, 310, and dlsauallfied for three months; auroen Donaldson, 315. (BOfore Mr H. J. Evans, S.M.) PROBATION Appearing for sentence on a charge of obtaining credit by means of fraud, John Clare Mitchell. aged 48. a fitter and turner, was placed on 15 months probation, with the special conditions that he live and work as directed by the probation officer. The Magistrate said Mitchell had stayed at the Hotel Federal for four days from October 14. incurring a debt of 822.85. which he was without the means to pay. He was without work and had only been out of prison 10 days after finishing a 12-month sentence tor the same sort of offence. FOUR CHARGES On three charges of burglary and one of being unlawfully in an enclosed yard, PhilUp Coltinge Coster, aged 21. unemployed, was placed on probation for 15 months and lined 815 on each of four burglary charges. The Magistrate said that on the night of October 17-18, Costor and another man burgled the shop of Delphine Florists, the Pop Inn Shop, and the factory of Norvic Footwear, Ltd. On the night of October 23 he was found unlawfully in an enclosed yard at G. L. Bowron and Company. For Coster, Mr M. G. L. Loughnan said he was an immature voung man with something of an inferiority complex. Probation could do a lot of good tor him, ho said.