MAGISTRATE’S COURT Disqualified Driver Fined $l00 And Admitted To Probation

Press, Volume CVIII, Issue 31835, 13 November 1968, Page 7

MAGISTRATE’S COURT Disqualified Driver Fined $l00 And Admitted To Probation

Wayne Albert Williams, aged 20, a millhand (Mr G. T. Mahon), was fined $lOO, was disqualified for a further 12 months, and was placed on probation for 12 months when he appeared for sentence in the Magistrate’s Court yesterday before Mr P. L. Molineaux, S.M., on a charge of driving while disqualified. On a charge that on March 8, being a disqualified driver, he obtained a licence, he was fined $2O and he was also fined $2O on a charge of giving false particulars in applying for a licence. Mr Mahon said Williams, having got a job, was afraid of losing it and so, at his employers’ request, he had driven. The next day, because of his conscience, he had wanted to disclose the full facts to his employer, but instead had told the employer he did not have a licence. The company had then made arrangements for him to have a driving test and so the original offence was compounded. Through no fault of his own Williams had left that company and later had obtained a driving job with another company. The Magistrate said, as counsel had pointed out, that Williams had had a run of bad luck some years ago when he was involved in a serious accident and a number of charges had resulted. He accepted that toe initial driving had arisen because Williams had been reluctant to make a disclosure to his employer. “That was great folly, but it was not a jaunt but was done in the course of his employment at the request of his employer. It was unfortunate that he did not have the courage to tell his employer.”

Williams had then gone from bad to worse. As a result of his decision not to be honest with himself and his employers he had launched out again and ended up being dishonest with the authorities. The probation officer's report showed Williams was a young man full of promise, the Magistrate said.

BURGLARY Robert David Salter, aged 19, a soldier (Mr J. Wilson), was convicted and remanded in Array custody to November 19 for a probation officer’s report and sentence on a charge that on October 19 he broke and entered the Black Horse Hotel, 33 Lincoln Road. The Magistrate said he was unable to accept that Salter had opened the door of the manager’s flat to go to th» toilet. It had been abundantly established that he had gone to take the articles he took. He told the detective that he meant to take a radio as he was going to a party, but being unable to find a radio he had taken two watches, a shaver, and a camera. Salter had pleaded not guilty.

SUSPENDED SENTENCE Appearing for sentence on a charge of using threatening language in Geraldine Street on September 3. Richard Bernard McKernan. aged 46. a fishmonger. was ordered to appear for sentence within six months if called on.

Since 1964 there had been a fairly big improvement in the defendant’s behaviour, said the Magistrate. Only drink led him into trouble and it was something he should face.

IDLE AND DISORDERLY Pleading guilty to a charge of being idle and disorderly in that she had insufficient lawful means of support on November 11. Beverly Teresa Jago, aged 17. an unemployed machinist, was convicted and remanded on bail to November 18 for sentence.

The defendant was found tn the flat of a friend in Waltham, said Sergeant Townshend. She had been unemployed for a month and had made no attempt to get work. The flat was filthy and the defendant was dirty and unkempt. On October 9 the defendant was released on probation on a charge of being idle and disorderly. A condition of the probation was that she live and work where directed.

STOLE TREES A man whose name was supyressed in the interim (Mr M. . Glue), pleaded guilty to charges that on September 12 he stole 33 native shrubs worth 119.80. the propertv of the Canterbury Jockey Club and that on September 30 he stole 21 silver birch trees and 12 Spanish fir trees of a total value of $5l, the property of Henricus Josephus Giesen.

He was convicted on each charge and remanded on bail for a probation officer’s report and sentence on November 19. Sergeant V. F. Townshend said that in each instance the man had taken the trees because he had thought they would look nice round hia father’s new house. All had been recovered but three had died so restitution of $l.BO was sought.

FORGED SLIP Charged with forging a Post Office Savings Bank withdrawal slip for $BOO on March 11. Patricia Anne Wilson, aged 30. a housewife (Mr R. E. L. Greaves). wa« convicted and remanded on bail to November 18 for sentence. She pleaded not guilty.

“Her actions prove her statements to be a oack of lies, and T do not aoologise for using that expression,’’ said the Magistrate. “The whole of her actions point to a very active criminal intent.’’

Wilson said She had been given the slip by her cousin, snd that she believed that he had authority to withdraw money from the complainant’s account.

DROVE UNDER INFLUENCE A fine Of $lOO and disqualification from driving for three vears were imposed on Frank William Russell, aged 24. a labourer, on a charge of driving on Styx Road while under the influence of drink or drugs on November 11. He pleaded guilty. At 10.15 p.m. a traffic officer noticed a car driven by Russell weaving across the road at Styx. Said Sergeant Townshend. He crossed completely on to the wrong side of the road on the Styx Bridge, then further on he travelled on the wrong side of the road for 300 yards. At the police station a doctor certified him as unfit to drive.

CHARGE DISMISSED A charge against a woman, whose name was suppressed (Mr M. F. Hobbs) of assaulting another woman in the La Rue Restaurant on July 20 was dismissed. The defendant pleaded not guilty. The Magistrate said there had been a “somewhat unseemlv” fight but both parties had made remarks which provoked

the fight. The only fact that witnesses agreed on was that a fight took place but the prosecution case could hot be held to be established.

OTHER CHARGES In other prosecutions brought by the police convictions were entered and penalties imposed as follows, with Court costs of $5 on each charge. Minor found in bar: Alan Flitcroft, $lO (found in bar after hours. $10); Neil Dixon Thomas, $lO (found in bar after hours. $10).

Found in bar after hours: Bernard William Harris, $1’0; Waynt* Robert Sidawby, $lO. Discharged shotgun in public place.- Alistair Maxwell Smith, $8; Russell Gordon Veale, $B.

Procured a shotgun without a permit: lan Francis McDrury. $2 (discharged a shotgun in a public place, $8). Delivered possession of a shotgun with no permit: John Joseph McDrury, $B.

Owner of rifle failed to notify change of address: Phyllis May Iveflia, $4.

Drove in a dangerous manner: Robert John Blain, $3O, disqualified for two years.

Failed to stop at a stop sign: Bruce Rodney Miller. $2O. Failed to give way: James Stewart Fountain, $2O: Christopher Murray Snook. $l2.

Threw stones at road signs: Gary Anderson Proctor, costs only.

(Before Mr W. F. Brown, S.M.) DISCHARGED Terrance George Birtles, aged 17. a workman, was discharged without conviction when he appeared on a charge that on March 31 he unlawfully got into a truck worth $l7O, the property of the Provincial Wrecking Company. The Magistrate had previously adjourned for six months till yesterday the question of sentencing. TRESPASS Gordon Francis Searle, aged 40, a security officer (Mr J. B. Bretherton) pleaded not guilty to a charge that on October 25 he wilfully trespassed at 41 Seaview Road and neglected to leave after being warned to go by W. J. Lowry, the occupier. The Magistrate said he took into account that Searle had originally been on the premises as a dissatisfied customer, but he had shown himself to be extremely foolish and a “know all”.

He adjourned the question of conviction and sentence till November 19. The Magistrate said that if during that time Searle paid into the Court $2l toward the cost of prosecution and $4

witnesses’ expenses he would at that time give consideration to discharging Searle without conviction.

(Before Mr H. J. Evans* S.M.) DANGEROUS SPEED Charged with driving at a dapgerous speed, Gerald Douglas Gordon, aged 22, a mechanic (Mr E. T. Higgins) told the Court he had been trying to

“shake off’’ a car which he thought was filled with youths intent on assaulting him. He pleaded not guilty. However evidence was given that the vehicle following the defendant turned out to be an unmarked traffic patrol car which checked him at speeds of up to 53 m.p.h. on Quinns Road, Emmett Street, and Shirley Road shortly after 11.20 p.m. on June 12.

Fining the defendant $35 and disqualifying him for 12 months, the Magistrate said jt was true he had been assaulted several nights earlier but “1 think this was just a convenient excuse given on the spur of the moment to the officer who stopped you.” CHARGE DISMISSED A charge of careless driving against John Brian Healey, aged 17, an auto machinist (Mr D. H. Hicks), was dismissed by the Magistrate midway through the proceedings. He pleaded not guilty.

The Court had been told that the charge had been made .after a minor accident in Pages Road on August 2, when the defendant attempted to overtake on the left a vehicle which was turning left into Waitaki Street. The Magistrate said the vehicle turning left had been out towards the centre of the road and the defendant could have supposed that the driver intended to turn right.

FINED $l5 A fine of $l5 and disqualification from driving for one month were imposed on May Theresa Brown, aged 63, a housewife, on a charge of failing to give way on August «. She pleaded not guilty and was represented by Mr J. R. Woodward.

Evidence was given that the defendant had collided with another vehicle at the intersection of Latimer Square and Worcester Str.eet at 4.15 p.m.

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