MAGISTRATE’S COURT Two Years Gaol For Credit By Fraud

Press, Volume CVIII, Issue 31864, 17 December 1968, Page 13

MAGISTRATE’S COURT Two Years Gaol For Credit By Fraud

John Clare Mitchell, aged {4B, unemployed, was sentenced to two years imprisonment when he appeared before Mr E. S. J. Crutchley, S.M., in the Magistrate’s .Court yesterday for sentence on two charges of obtaining credit by fraud for board and lodgings from Stonehurst Hotel to the value of $46.50 and from Warner’s Hotel to the value of $36.

Mitchell, who had pleaded guilty to both charges, was not represented by counsel and had nothing to say. “You have had nine previous convictions for the same sort of offence,” the Magistrate said. “These were coldblooded and deliberate offences. On November 4 you were put on probation for the same sort of offence. “The probation officer considers you suffer from self pity and a lack of drive. Your health is good and there is no reason why you should not earn a living. You have abused the opportunities you have been given. As you have a list of convictions a substantial term of imprisonment is inevitable,” said the Magistrate. THREE MONTHS GAOL Dennis Patrick Kerr, aged 29, a welder, was sent to prison for three months when he appeared for sentence on a charge of driving while disqualified on Marshland Road on March 27. 1967. He was convicted and discharged on charges of giving false information and a false name and address to a traffic officer and having no warrant of fitness. Kerr was remanded for sentence on seven charges of making annoying telephone calls, five of using offensive language on the telephone and four of threatening to do grievous bodily harm. His counsel, Mr G. R. Lascelles, is to obtain an independent psychiatric report. When passing sentence on the driving charge, the Magistrate said Kerr had a previous conviction for driving while disqualified. Kerr’s driver’s licence was cancelled for another year. OBSCENE EXPOSURE

Walter Richard Boardman, aged 20, an assembler, was admitted to probation for two years, was fined $l5O, and was ordered to take psychiatric treatment when he appeared for sentence on a charge of obscene exposure in Linwood Park on December 7. Mr G. R. Lascelles, for the [accused, said this was Boardi man’s first appearance in the Magistrate’s Court although he had convictions in the Children’s Court. His offences indicated that he had a psychiatric problem and needed treatment. He had a good job and was living with a responsible family. “You have been to Borstal for this kind of thing,” said the Magistrate. “It was a stupid and wretched action which gave offence to a girl of 14.” FINED, DISQUALIFIED

On a charge of driving while under the influence of drink or drugs on December 15. David Morris, aged 56, a driller (Mr W. H. McMenamin). was fined $lOO and disqualified from driving for three years. On a charge of resisting a police constable on the same date he was fined $25. He pleaded guilty to both charges. Detective Sergeant R. G. MeMeeking said that about 12.20 a.m. on Sunday, a police patrol car on Sawyers Arms Road had to evade a car which veered to the wrong side of the road. The car continued on an erratic course along the Main North Road before being stopped by the police patrol. The accused’s manner was aggressive and abusive. He said he had been at a party and had drunk one and a half jugs of beer. Morris was taken to the Central Police Station and while being searched in the watchhouse, he lashed out and hit a sergeant on the nose.

TWO YEARS PROBATION Stanley Tuturangi Taipeti, aged 24, unemployed, was admitted to probation for two years and was ordered to take out a prohibition order when he appeared for sentence on a charge of burglary of the Five Ways Dairy, Ltd, on December 9.

Mr E. T. Higgins, for the accused, said Taipeti had been drinking for most of the previous day and committed the offence in the early hours of the morning. He was unable to remember much about the offence. He had been on a sickness benefit. Drink was a problem with him.

“You have been to prison.’’ said the Magistrate. “This was a deliberate offence, no matter how stupidly it was executed. People cannot be expected to put up with this kind of thing. You behaved shamefully to the Christian family which has taken you in, but they are prepared to have you back.’’

FINED $lOO Ronald John Neville, aged 55, a bus driver, was fined $lOO, was ordered to pay a medical fee of $6.30 and had his driver's licence cancelled for three years after he had pleaded guilty to a charge of driving under the influence of drink or drugs on Rossall Street on November 23.

Detective Sergeant McMeeking said that at 8.50 p.m. on November 23 Neville was driving a car which was weaving and several cars were unable to overtake it. When a traffic officer attempted to stop the car it almost collided with his motor-cycle. Neville admitted having about 15 beers. Mr P. G. S. Penlington, for the accused, said Neville now realised he had had too much liquor to drive. His speed was moderate and he had not interfered with oncoming traffic. Neville and his wife had brought up 11 children, four ol’ whom were still dependent. He had joined the Transport Board in 1937 on the track staff and in 1941 had transferred to the traffic staff. He had five years to go in the service of the board. If he was not kept on because of the loss of his licence he would lose about $lOOO in retiring allowance. If his services were retained he would suffer a reduction in earnings because he could not work as a bus driver, Mr Penlington said. OBSCENE LANGUAGE Stanley David Baxter, aged 41, a boiler worker, who pleaded guilty to a charge of using obscene language in Cathedral Square on December 14, was convicted and fined $5O. On a further charge of resisting a constable in the execution of his duty, Baxter was convicted and fined $5O. He pleaded guilty. Detective Sergeant McMeeking

said that on December 14, Constable A. G. Adams was on duty in Cathedral Square when he noticed Baxter, who appeared to be asleep on Godley Plot. He woke him to make sure he was all right. Baxter then became abusive and used obscene language. He approached the constable and challenged him to a fight. After he was arrested, Baxter strongly resisted being searched and force had to be used. HIT HOTEL MANAGER A fine of $5O was imposed on Kevin John Dowling, aged 23, a labourer, on a charge of assaulting Keith Handcock on December 14. He pleaded guilty. Detective Sergeant McMeeking sadd that about 8.50 p.m. the accused had been drinking in the lounge bar of a hotel. When asked by the manager to leave because of complaints about Ills language and behaviour, he had struck him a hard blow in the face with his fist. The accused then attempted to leave but was restrained by bar staff until the police arrived. CONVERTED TRUCK Eric Donald Bruce Kerr, aged 25, a workman, was convicted and remanded on bail to December 23 for sentence on a charge of unlawfully converting a truck valued at $BOO, the property of Mills and Graham, Ltd. He pleaded guilty. Detective Sergeant McMeeking said that the accused had borrowed his employer’s truck to go to Christchurch on October 4, and had been told to return it in half an hour.

When this was not done the police were informed and the truck was eventually found next day damaged outside th a accused’s home. Kerr told the police that when he first borrowed the truck he went home, where there was a domestic upheaval. He then went to several hotels and lost all track of time. He then decided to go to Akaroa and on the way there, the truck slid into a ditch, causing $9O damages. After being towed out by another motorist, he drove to Akaroa and drank more liquor, before returning home and going to sleep. The accused told the Court he realised he had done a stupid thing. He said he had lost his job as a result, al. though he was still friendly with his former employers, who in fact had twice tried to see if they could withdraw the charge. DROVE UNDER INFLUENCE Charles King Ray, aged 59, a council workman, who drove on the front lawns of two properties in Hopkins Street, went through two fences and ended up in the hedge of a third property, was convicted and fined $lOO and disqualified from driving for three years, on a charge of driving while under the influence of drink or drugs, being incapable of proper control. Detective Sergeant McMeeking said that about 5.30 p.m. on December 14, Ray, for no apparent reason, left the road, crossed a gutter and a footpath went through a wooden front fence of a house at 56 Hopkins Street, crossed the front lawn, went through a wire mesh boun. dary fence into 54 Hopkins Street, crossed the front lawn and driveway and ended up half way through a hedge about two feet from the corner of a (house at 52 Hopkins Street. When the police arrived about 5.35 p.m., Ray was still sitting in the driver’s seat of the car, which was jammed in the hedge. He admitted having driven the car to this position. Detective Sergeant McMeeking said that Ray smelt strongly of liquor, his eyes were glassy and his speech was slurred. He was not injured. Ray was arrested and taken to the Central Police Station, where lie was certified by a I doctor as unfit to drive. REMANDED FOR ASSAULT Carl Henry Forsythe, aged 26, a timber worker (Mr R. F. Powell), was convicted and remanded to December 23 for a probation officer’s report and sentence on a charge of assaulting Ellen Daphne Andrews on November 23. He pleaded guilty. Detective Sergeant McMeeking said that while Forsythe and his wife were drinking in a hotel, Forsythe accused his wife of carrying on with other men and struck her six times about the face. He then took her outside where he hit her on the nose and she fell to the ground. He continued to assault her by kicking her about the head, body and legs. About 9 p.m. the same evening, Forsythe gave himself up at the police station. He admitted the offence and said that i he meant to hurt his wife. His wife was taken to Christchurch Hospital, where it was found that she had suffered severe bruising to her head, legs and body. BURGLED HOUSES Charged with burgling two houses on December 13, William Thomas Stone, aged 32, unemployed (Mr K. N. Hampton), pleaded guilty and was convicted and remanded in custody to December 23 for sentence. The accused was seen in a house at 111 Withells Road by the owner when she returned home, said Defective Sergeant McMeeking. He ran out of the house and drove away in a car, but the number of this w r as noted and the police informed. It was found that a house at 121 Withelks Road had also been broken info, but nothing was stolen from either house. When found by the police, Stone admitted entering the houses through the windows, and said he was looking for money. THREATENING BEHAVIOUR Neil Michael Aitken, aged 17, a lineman, was fined $2O on a charge of behaving in a threatening manner in the Lincoln Domain on September 1. He pleaded guilty. Detective Sergeant McMeeking said that after a social footba'll game at the domain liquor was provided. About 5.30 p.m. a fight broke out. Aitken picked up an empty beer jug and threatened persons by holding it above his head. Aitken told the police he had not intended to use the jug but was merely warning others not to start fighting. Mr M. J. Glue, for the accused, said Aitken had acted as the result of provocation. He was most ill used in the fracas. He was badly beaten and suffered two black "eyes and a swollen lip. Aitken was a keen footballer and had played for one of the teams. Liquor was sold to juveniles and inevitably the situation got out of hand.

BURGLARY AND THEFT Pleading guilty to two charges of theft and one of burglary, Barry Lester Neiling, aged 22, a freezing worker (Mr K. N. Hampton), was convicted and remanded on bail to December 23, for a probation officer’s report and sentence.

Detective Sergeant McMeeking said that on November 29, Neiling and another youth broke into a parked car and stole a camp stove valued at $ll Damage to the car was $5. They returned to their own car and placed the camp stove in the back. A third youth was also in the car.

Neiiling and one of the other youths then broke into another parked car and stole a golf trundler and other articles valued at $94.

The youths later drove to Kaiapoi where their car ran out of oil. Neiling and another youth entered the Kaiapoi Fire Station through a closed,

unlocked door and stole two pints of oil valued at 60c from a pump. Neiling attributed the offences to liquor. ASSAULTED WIFE Pleading guilty to a charge of assaulting Beverley Jill Gillies on December 13, Noel Oswald Gillies, aged 37, a concrete worker (Mr R. B. Leete), was convicted and ordered to come up for sentence within 12 months if called upon. Detective Sergeant McMeeking said that during a domestic argument about 12.40 a.m. on December 13, Gillies struck his wife in the face with his closed fist. Later in the evening the police came to the house, but by this time Mrs Gillies had left. The Magistrate said that when force was used a domestic matter such as this, became a matter in which society as a whole was interested, as Mrs Gillies was a member of society. REMANDED ON BAIL Garry John Hill, aged 18, an assistant machinist, who broke into a house in Kennilworth Street on October 24 and stole clothing worth $162.60, was convicted and remanded on bail to December 23 for a probation officer's report and sentence, on a charge of burglary. He pleaded guilty. FINED FOR ASSAULT Brian Conrad Osborne, aged 35, a coal yard worker, was fined $2O on a charge of assaulting Donald McKay MacArthur on Sunday. Osborne pleaded guilty. Detective Sergeant McMeeking said that at 1 p.m. on Sunday Osborne was drinking with Mr MacArthur when he struck him twice on the face for no apparent reason. MacArthur required medical attention. Osborne had been drinking for some time and was fairly intoxicated. CHARGE ADJOURNED A charge of stealing $33.28 at Edgecumbe in December, 1967, against a girl, whose name was suppressed, was adjourned until June 16, 1969, with a view to a discharge without conviction under section 42 of the Criminal Justice Act if her behaviour has been good in the meantime. She was ordered to make restitution Of $33.28. DROVE WHILE DISQUALIFIED Gregory Edward Sutton, aged 19. an apprentice panelbeater, was fined $25 and had his driver’s licence cancelled for another year on a charge of driving while disqualified on Golf Links Road, Tai Tapu, on November 11. He pleaded guilty. REMANDED Robert Little, aged 27, a timber worker, was remanded to Sunnyside Hospital until January 13 under section 37 of the Mental Health Act on two charges of burglary and one of theft. John Albert Gearachawaski, aged 24, unemployed, was remanded on bail to January 13 on two charges of unlawfully taking motor vehicles and he was ordered to attend Sunnyside Hospital for examinations at the outpatients clinic. MISCELLANEOUS CHARGES In miscellaneous charges brought by the police fines were imposed as follows: Sold liquor after hours: John David Martin, $2O (sold liquor to a minor, $20); Tui Elizabeth Evans, $2O Procured liquor after hours: Eric George Ford, $lO. ' Minor found on licensed premises: Warren Rogers. $5. Careless use: John Frances Sincock. $2O and licence cancelled for three months: Raymond Rennie Matehe, $l5. Exceeded 30 miles an hour: Arthur Henry Mackney. $25. Failed to stop at stop sign: Kelvin Gerard Kent. $l2. Failed to give way to the Kat * l * ecn Ngaire Morgan, I Failed to give wav when turning to the right: John Goddard Taylor. $l5 and witness expenses $6. (Before Mr W. F. Brown, S.M.) FINED $BO Appearing for sentence on a charge of driving while disqualified at Woodend on September 7. John Arthur Gav, aged 25. was fined SSO and disqualified from driving for another year. For the accused, Mr R. F B Perry said that although he had a bad criminal record, it was possible that for the first time he was really trying to make something of his life. Sentencing Gay. the Magisitrate warned him that if he drove again while disqualified he would go to prison. DISCHARGED I A student, aged 22, who was charged with carrying a rifle j for an unlawful purpose on July 20, was discharged under section 42 of the Criminal Justice Act. The Magistrate also suppressed the name of the student, who was represented by Mr K. W. Hampton. He said the offence was probably out of character as the accused had been drinking and had also been sitting exams at the time. The rifle was not loaded and it was possibly an act of bravado. (Before Mr K. H. J. Headiten, S.M.) RELEASED ON PROBATION ■Tolin Robert Snowdon, aged 21. a glass worker (Mr E. T Higgins), was convicted and released on probation for IS months when he appeared for sentence on three charges of receiving goods knowing them to be dishonestly obtained. Snowdon was charged 'with receiving a camp stove valued at Sli. a golf trundler and other goods valued at 594 and a go f trundler and other goods valued at *BO.