MAGISTRATE’S COURT Man Fined $l50 For Assault With Stool In Restaurant

Press, Volume CIX, Issue 31907, 7 February 1969, Page 8

MAGISTRATE’S COURT Man Fined $l50 For Assault With Stool In Restaurant

Francis Mowat Byrne, aged 22, a welder, was fined $l5O when he appeared before Mr K. H. J. Headifen, S.M., in the Magistrate’s Court yesterday for sentence on a charge of assaulting Raymond Arthur Sanders, a restaurant proprietor, on January 5. He had previously been convicted.

Mr A. P. C. Tipping said the defendant had started the evening peaceably and was not looking for trouble when he went to the restaurant. When trouble did start he was not, unfortunately, wise enough to keep out of it. The assault itself was a nasty one.

He said the defendant had shown quite a marked improvement in his conduct recently and was worth persevering with. He was a steady worker and had responded well to training. The Magistrate said he was not impressed at all with the defendant's list of previous offences.

“I do not propose to encourage this sort of violence in the community. When you hit the restaurant proprietor over the head with a stool he ■ could have been permanently injured. “Had you not shown some improvement I would have imposed a period of imprisonment,” the Magistrate said. The defendant was ordered to pay witnesses’ expenses of $l3. GAVE FALSE NAME A man who allowed traffic convictions to be entered against his brother for offences he had committed himself did so because he did not want to lose his licence again, said Traffic Sergeant H. J. McMorran.

Rodney James Birchfield, aged 21. a glazier, pleaded guilty to charges of obstructing a traffic officer, having no warrant of fitness and driving while disqualified in Milton Street on October 18. He was convicted and remanded on bail to February 13 for sentence.

Traffic Sergeant McMorran said the defendant was stopped in Milton Street at 9.10 p.m. on October 18 because his car did not have a warrant of fitness. The defendant gave his brother’s name and later produced his brother’s driver’s licence.

Summonses were issued in his brother’s name for offences of having no warrant of fitness and not displaying an L label. The defendant entered pleas of guiltv bv letter for the hearing. When the defendant’s brother saw the fines reported in a newspaper, he told the traffic department he was not the person involved in the offences. Inquiries showed the defendant was the offender. He told the department, he did not want to lose his licence so soon after getting it back. TRAFFIC OFFENCES In City Council traffic prosecutions. convictions were entered and fines were imposed as follows, with costs of $5 in each case:— Drove at speed that might have been dangerous: Alistair Charles Peach, $3O, disqualified for one year. Exceeded 30 miles an hour: Laurence William O’Connor, $4O. FALSE PRETENCES AND THEFT “Any further convictions for dishonesty can only lead to a long term of imprisonment,” said the Magistrate when sentencing John Dalton, aged 44, a caretaker (Mr N. D. Thomson), on one charge of false pretences and one charge of theft.

Dalton was charged with obtaining $72.18 from the Clarendon Hotel, Ltd. on January 3 by means of false pretences and the theft of $55 as a servant from the Canterbury Chamber of Commerce between December 13 and January 10. On each charge he was convicted and released on probation for two years and fined $5O. He was also ordered to make restitution of $127.18. to live and work where directed, to take such psychiatric and medical treatment including treatment for alcohol as directed by the probation officer, to abstain from alcohol and to take out a prohibition order to be kept in force during the period of probation. Mr Thomson said that for most of his life Dalton had been affected by liquor. He was. however, very concerned about the offences he had committed, and he had once tried to commit suicide.

The Magistrate said that the consumption of alcohol seemed to be one of Dalton’s problems, coupled with gambling. STOLE RADIO Two youths who appeared on a joint charge of the theft of a car radio valued at $5O. the property of Sydenham Car Sales between September 1 and 30 last year, were convicted and remanded on bail to February 14 for a probation officer’s re. port and sentence. An order was also made for the return of the stolen property. lan David Bishop, aged 21, a driver (Mr M. J. Glue), and John Richard Leslie Morrison, aged 22. unemployed (Mr D. M. Palmer), both pleaded guilty to the charge.

Bishop was also remanded on bail to February 14 for a probation officer’s report and sentence on a further charge of the theft of 21 writing pads valued at $2.73 the property of Alex Cowan and Sons, Ltd. on November 11. He pleaded guilty

Sergeant V. F. Townshend said that when interviewed by the police after the offence. Bishop said that he went to the Sydenham Car Sales with Morrison during September to repair a car. Morrison was employed by the firm and had permission to be on the premises. Morrison asked him if he would like a 12 volt car radio and he agreed. They had taken the radio and Bishop had put it in Morrison s car.

Morrison said that he and Bishop agreed to take the radio and he later assisted Bishop in putting the stolen radio in his car.

Sergeant Townshend said that on December 4. Bishop’s residence was searched and 21 school pads found. Bishop admitted stealing the pads while employed as a driver for the firm of Alex Cowan and Sons. Ltd ASSAULT

Sarah Mary Ann Coe. a housewife (Mr D. H. Stringer), who pleaded not guilty to a charge of assaulting Donald Ross McGregor at Sumner on November 30, was convicted and ordered to come up for sentence within six months if called upon. McGregor said that about 4.30 o.m. on November 30 he was behind the till in his shop when Coe came in shouting wildly at him. She slapped him across the ear with her hand and he ran to the telephone to dial ill. While he was at the telephone she struck him a second time across the ear. Before she left the shop she threw a 221 b water melon to the floor, smashing INDECENT ASSAULT - “I will give you one last Opportunity to try' to pull yourself together,” said the Magistrate when sentencing Alan Cherry, aged 25, a factorv worker (Mr M. J. Gluel, on a charge of indecently assaulting

a boy then aged 12 years on September 19. Cherry was convicted and released on probation for 18 months and fined $BO. He was also ordered to live and work where directed and to receive psychiatric and medical treatment as might be directed by the probation officer. The Magistrate said that the offence was a serious matter and the Court took the view that children must be protected from this sort of molestation. REMANDED Gary Menneth Southern, aged 17, a concrete-post maker, was remanded on bail until this morning when he appeared for sentence on eight charges of burglary, one of attempted burglary and one of unlawfully taking a motor vehicle.

The Magistrate said that in August of last year Southern had been convicted of theft and unlawfully taking a motor vehicle and was given the benefit of probation. His behaviour had been satisfactory until November when he strengthened his friendship with an undesirable person involved in the earlier offences.

“You have had your opportunity and you did not take it,” the Magistrate said. “The community must be protected and what you need is some months in a detention centre where you will be subjected to discipline. However, the X-ray report has not yet come to hand.’*

UNLAWFULLY ON PREMISES Francis Edgar Burgess, aged 61, a pensioner, who was found late at night asleep on a couch in the staffroom oi Xavier College in a fairly intoxicated state on January 26. was ordered to be detained for treatment for alcoholism in Sunnyside Mental Hospital or other institution within the meaning of the Drug and Addiction Act, 1966. when he appeared for sentence on a charge of being unlawfully on the premises.

REMANDED A woman whose name was suppressed (Mr J. E. Butler), was remanded on bail to February 14 for a probation officer’s report and sentence, when she appeared on a charge of being found without lawful excuse in a building on February 5. She pleaded guilty to the charge. Sergeant Townshend said that about 8.50 p.m. on February 5, the police called at a vacant house in Riccarton Road. The house was in darkness, but a great deal of noise was coming from inside. The doors were locked, but the police entered through an open window and found the woman in the front room with her husband.

In explanation the woman said she had no permission to be in the house, but knew it was vacant and thought it would make a good flat. She had been in the house about 10 minutes.

NAME SUPPRESSED Charges of receiving stolen property valued at $l2B against a youth were adjourned to August 7 with a view to a possible discharge without conviction if his behaviour has been satisfactory in the meantime. He was ordered to pay $2O towards the cost of prosecution. Mr M. J. Glue, for the accused, said that it was only a technical offence.

RECKLESS DRIVING A youth who drove in front of a car turning into Trafalgar Street, swerved to stop the car passing, drove through two compulsory stops and later collided with the car in Rutland Street while trying to pass on the left, was convicted and fined $4O and disqualified from driving for 18 months on a charge of luckless driving* on November 10.,

Bruce Leslie Humphries, aged 17. a labourer, pleaded guilty to the charge. Sergeant Townshend said that Humphries drove through the first stop sign between 12 and

20 miles an hour and the second sign about 35 miles an hour. When interviewed later Humphries admitted swerving a little bit, but said he had not seen the stop sign until it was too late.

“This was a very bad bit of driving, it appears you are completely irresponsible,” said the Magistrate. PROBATION EXTENDED Ngaire Soutar, aged 20. a shedhand, had her term of probation extended by six months when she appeared for sentence on a charge of breach of probation by failing to report at Gisborne on December 18. MISCELLANEOUS CASES In miscellaneous cases, convictions were entered and fines imposed as follows, with Court costs $5 in each case: Minor found in bar: John David Mason, $8: Robert William Sutton, $2 (gave false particulars. $10). Supplied liquor to minor; Roy Douglas Cook. $4 Failed to notify change of ownership of a car; Cecil Mason Orapge. $5. Failed to give way: Peter Borell, $3O.

Careless use. John Joseph Nolan, $3O and disqualified from driving for three months; Phillip Taihoa Carroll, $2O.

(Before Mr E. s. J. Crutchley S.M.) CHARGE DISMISSED

A charge against John Herbert Skinner, aged 19, a factory worker, of operating a motorvehicle with a defective brake on Paterson Avenue on May 12 was dismissed. He pleaded not guilty and was represented by Mr A. P. C. Tipping.

LEFT RUBBISH ON ROAD On a charge of leaving rubbish on Spencerville Road. S S. J. Benny, of Burwood Road, was fined $5 and was ordered to pay a solicitor’s fee of $6.30 and a removal charge of $6.30. Failed to close shop John Lenard Newman, $6. Bruce Edward Lucinsky, $6; Annie Geor glna Long. $6; Edward James Lloyd, $3; Gordon Austin Coom, $6.

Failed to furnish return of income: Nicholas James Bain. $5. Unlicensed television set: Douglas Dodson, $5; Edward Charles Knight, costs. (Before Mr P. L. Molineaux, S.M.) FINED $l5 Wayne Frederick Hurrell, aged 19, a labourer, was fined $l5 and was ordered to pay witness expenses of $9.75 on a charge of careless driving on Bronwyn Street on October 15. A charge of falling to report damage after an accident was dismissed. Hurrell. who pleaded not guilty to both charges was represented by Mr S. G. Erber.