MAGISTRATES COURT Driver Fined $l00 And Disqualified

Press, Volume CIX, Issue 31974, 29 April 1969, Page 18

MAGISTRATES COURT Driver Fined $l00 And Disqualified

An officer at Rolleston Prison was convicted of driving under the influence of drink or drugs on November 26. when he appeared before Mr K. H. J. Headifen, S.M., in the Magistrate’s Court yesterday. Alexander Malcolm MacDonald, aged 47. pleaded not guilty and was represented by Mr J. G. Leggat, with him Mr I. B. McNeill. MacDonald was fined $lOO, ordered to pay medical expenses of $l2, and disqualified from driving for four years.

Evidence was given by Traffic Officer B. L. Crook that he saw the defendant’s car being driven erratically at 5.3 p.m. on the road north of Rolleston. He followed for some distance, and noticed it weaving from the centre line to the outside edge of the road. The driver appeared slumped over the wheel at first, but was sitting normally when stopped about threequarters of a mile up the road.

As the defendant emerged from the car, a one-cent coin fell to the ground. The defendant, requested to pick it' up, did so on the second attempt His face was flushed, his speech slurred, and he told the officer he was being “most inconsiderate,” Traffic Officer Crook said. He arrested the defendant and drove him to the Christchurch Central Police Station. Dr K. J. O’Connor said he examined the defendant and had concluded he was unfit to drive because of his slurred speech, thick voice, unsteadiness of demeanour, and the presence of nystagma, an oscillatory movement of the eyeballs. Under cross-examination. Dr O’Connor said that a person who had suffered a pre-i vious head injury would be’ more likely to suffer from nystagma, but usually not for a great number of years. Dr G. A. Shanks, a former medical officer with the Prison Service, said he had known the defendant for some years. He considered that his war experiences had left him with a state of chronic] anxiety. His face was normally flushed, his speech hesitant,! and his eyelids twitched and] jumped. A person with such; an experience as the defendant had had would be more likelv to have nystagma, but he had detected none in this case.

The defendant, in evidence, said he had been the reargunner in a bomber shot down on a raid over Germany. He remembered nothing of the anti-aircraft fire responsible, but regained consciousness while descending by parachute. He was taken to a German hospital with burns and a shrapnel wound to his head, and was repatriated when American troops overran the hospital some weeks later. He had no knowledge of his name or unit until after his repatriation.

The Magistrate, giving his finding, said he found the car had not been under proper control. At a speed of 50 miles an hour, such manoeuvres as weaving to the centre of the road and back were not evidence of responsible control, he said. The evidence concerning nystagma was not in the defendant’s favour, because Dr Shanks had not found any when the defendant was sober. He considered the prosecution’s duty discharged and the charge was proved.

BORSTAL TRAINING Kevin Alan Dale, aged 19. a forklift driver, was sentenced to Borstal training on charges o! driving while disqualified, having been twice previously convicted ot a similar oflence, and driving at a speed which might have been dangerous. His driver s licence was cancelled Wr a further two years and he Is now prohibited from driving until July 25. 1974. On a charge of tailing to stop when signalled by a traffic officer. Dale was convicted and discharged. All the offences occurred on April 18. Mr B. D. Kinley, for the accused, said that most ot Dale’s offences involved cars and were committed in the company of other persons. He bad gone into Cathedral Square with other persons on a Friday night and their car had been parked outside the Post Office while they went to a hamburger bar. Because the car was parked in a restricted area the owner had asked Dale to shift It. He Intended to move the vehicle only a few hundred yards. When a traffic officer called on him to slop he panicked because he was a disqualified driver. He drove off and was apprehended after a chase. Mr Kinley said. The Magistrate said that Dale's probation officer's report was an admirable one. After his release from Borstal he had qulekly found employment and was a good worker, but he did not seem to be able to stop himself getting into offences involving motor-vehicles. Now he had shut the door to any further leniency. Twice previously he had been convicted of driving while disqualified and had been sentenced to Borstal training on seven charges of theft and one of driving while disqualified. Any further driving while he was disqualified would result In Dale’s being sent to prison, the Magistrate said.

HELPED ESCAPER Rodney Neil Harris, aged 18. a painter, was convicted and ordered to come up for sentence within one year if called upon when he appeared for sentence on a charge of assisting a prison escaper. A youth, whose name was suppressed, was charged without conviction under section 42 ot the Criminal Justice Act when he appeared for sentence on a similar charge. Both accused were represented by Mr G. R. Lascelles. Mr Lascelles said that Harris's brother had escaped from prison. It was not a premedltated offence. Rodney Harris was at present undergoing periodic detention centre training. The Magistrate said that the warden of the pertodic detention centre had reported that Harris's performance had been good. He would Impose an extremely lenient sentence because he was concerned - with his rehabilitation.

Speaking to the other accused, the Magistrate said that he was a good steady worker and had overcome disadvantages. He was prepared to give him every

possible chance because hk presented no problem to societv and everything pointed to his having a good future. He had proved himself to be a flrstciass citizen, who had got caught up in events. FINED $lOO

Ronald John William O'Malley, aged 21, a cable Joiner, was convicted and fined Sloo and was disqualified from driving for four years on a charge of driving in Cathedral Square on April 27 while under the Influence of drink or drugs. He pleaded guilty. Senior-Sergeant F. R. Muicare said tne defendant's car appeared to go out of control while being driven between 30 and 35 miles an hour through the Square. A pedestrian had to run to avoid being struck by the car.

The defendant was questioned by a traffic officer and later certified by a doctor as unfit to drive.

8175 FINE /OR ASSAULT A young mtn. who later told the police he was bored with a party and had gone outside to "punch somebody," had knocked down a 18-year-old youth and kicked him in the face, said Senior-Sergeant Mulcare.

Reginald Joseph Penrose, aged 20. a labourer, was charged with assaulting R. A. Goudswaard on Saturday at 11 p.m. He pleaded guilty and gave no explanation. Penrose was fined 8175, of which 550 was ordered to be paid to the complainant. FALSE PRETENCES A 27-year-old man, whose name was suppressed, was convicted and remanded to May 6 for sentence, when he pleaded guilty to obtaining 11000 by false pretences from an Auckland second-hand dealer on April 17. He was represented by Mr J. N. Macfarlane. Senior-Sergeant Mulcare said the defendant had flown to Auckland on hearing that his mother was seriously HI. He told his mother he wanted to sell a cocktail cabinet which belonged to him and was In her house. He acquired the key and took the second-hand dealer to the house, where he convinced the dealer that his mother had died and the furniture was lor eale. The dealer gave him SSOO in cash and a cheque for SSOO. He was arrested in Christchurch the next day and $454 in cash was recovered and SIOO was recovered in Auckland. Restitution of $446 was asked, and the accused was remanded on bail until May 6 for a probation report and sentence. TOOK CYCLE On a charge of unlawfully taking a cycle valued at sl6 on April 27. Gregory John Smith, aged 17, a factory hand, was convicted and fined $25. He pleaded guilty. Senior-Sergeant Mulcare said a police patrol found the defendant hiding behind a rubbish tin. The defendant told the police he had taken a cycle from Manchester Street and had thrown it over a fence around the corner. The defendant said he took! the cycle because he had no’ transport home. FALSE STATEMENT On a charge of making a false ] statement under the Social i 'Security Act on July 8. George Malcolm, aged 29. an apple i picker, was convicted and re-1 manded on bail to May 2 for; ■ sentence He pleaded guilty, i Senior-Sergeant Mulcare said! the defendant obtained SSO extra on an unemployment benefit by falsely staling that he was sup- ; porting his wife. The defendant told the police he needed the money to pay off a car. FORGERY Robert John Lewis, aged 20, an unemployed freezing worker (Mr R. F Powell), was remanded in custody to May 5 for a proposed sentence of detention centre training when he appeared for sentence on three charges of forging Post Office withdrawal receipts for a total of $215, theft of a Post Office pass book and a sleeping bag valued at $20.10 and breach of probation. He had previously been convicted The Magistrate said the defendant s offences were committed in absolute defiance of the Court, and he was no longer prepared to leave him in the community. FINED S W

Because a friend had been detained by the traffic department for what he felt was a very long time hia> client had become incensed said Mr R. W. Wilkes He was representing Noel Stuart Gray, aged 20. who was appearing on a charge of obscene language. Gray pleaded gutlty. SenlorSergeant Mulcare said than on April 20 the defendant had struck a traffic patrol car In Caihedral Square on the back window and used the language complained of- He then ran off. Questioned later he admitted that he had been drinking and became incensed at the treatment of his friend. The defendant was fined S4O.

ine ueunuam «... FIGHTING Trevor Noel McKenile, aged 18, a foundry worker, was convicted and lined 825 when he pleaded guilty to a charge of fighting In Mackay Street. Greymouth, on April 27. The defendant and another youth, who had yet to be dealt with, were seen fighting on the footpath outside a dance han at 12.50 am.. Senior-Sergeant Mulcare said. REMANDED On charges of burglary of the Hope Store on the Main Road, Hope, on or about April 22. John william King, aged 33. David Gordon Low. aged IS. Geoffrev Lloyd Bateup. aged 18. and Stephen Walter Norgate, aged 17. were remanded until Wednesday. They had previously appeared In court on Saturday. „ .. Douglas James Jury, aged 18 (Mr G S. Brockett), and Rex Richard Wahrllch, aged 23. a plasterer (Mr D. H. Stringer), were remanded In custody to May 8 for the taking of depositions on a charge of killing Kelly John Rourke on April 19, thereby committing manslaughter. ASSAULTED BARMAN Martin Lee Choma. aged IS, unemployed and Hauauru Morgan, aged 17. were convicted I and remanded until May 5 for probation officer's report and sentence on a charge of assault. Sergeant Mulcare said that In the evening of April 24. Rowley Brian Boru Barnard, a barman at the Gresham Hotel had discovered Morgan urinating in the backyard of the hotel. When asked to leave Morgan had struck the complainant. Choma then appeared and Jumped on to the complainant and struck him. By the time the police arrived the complainant had suffered bruises on the face and damage to his clothing. Restitution to the value of 825 would be asked. Sergeant Mulcare said. Both pleaded guilty and were represented by Mr W. A. Wilson. OBSCENE LANGUAGE

Stephen Alexander Jackson, aged 18. a seaman, was fined 830 on a charge of using obscene language. He pleaded guilty. Sergeant Mulcare said that on April 27 the defendant had been questioned by the police in Lyttelton. He then ran away and used the language complained of.

Two youths, who called at the Lyttelton police station at 2.3$ a.m. on Sunday to inquire about a person In the cells, refused to leave when asked, SeniorSergeant Mulcare said.

Robin George Dungey. aged 17, a seaman, and Paul Ray-

mond Jeffery, aged IS a seaman, were each convicted and fined 820 when they pleaded guilty to charges of trespassing In the Lyttelton police station. WARRANT ISSUED A Bench warrant was Issued for the arrest of James Ferguson. aged 40. a bulldozer driver, when he failed to appear to answer a charge of having Insufficient lawful means of support at Rangiora on April 18. TRAFFIC OFFENCES In police traffic prosecutions, convictions were entered and fines imposed as follows, with costs of $5 in each case:— Careless use of motor-vehicle: Slo Kaio. S2O, disqualified for three months; Grace Jane Croal, $l3. Failed to stop In half clear distance: Mervyn Edward Hanse Kitto. $l5. (Before Mr H. J. Evans. S.M.) PROBATION FOR THEFT John Robert Johnston, aged 18. appeared for sentence on a charge of theft. He had previously pleaded guilty. The defendant was appearing because he had stolen a rather valuable two-way radio, the Magistrate said. He had then dismantled part of It. The defendant had a serious list of previous convictions, including two offences of driving while disqualified and there was another occasion when he had interfered with a motor-car. He was already on 18 months probation. The defendant was placed on a further 18 months probation and ordered to make restitution to the value of $172.56. He was ordered not to drive while on probation, to live and work as and where directed by the probation officer and not to associate with persons Involved with him in previous offences. He was also ordered to pay prosecution costs of $25. (Before Mr P. L. Mollneaug, S.M.) FINED $l5 Anthony Paviell. aged 18. a freezing worker, was fined $l5. was ordered to pay witnesses' expenses ot $3.50 and his driver's licence was cancelled for three months on a charge of proceeding from a compulsory stop sign before the way was clear. He pleaded not guilty and was represented by Mr G. T. Mahon. The charge arose out of a collision between a car driven by Paviell and one driven by Gary John Alexandre at the Intersection of Stanmore Road and Avon side Drive about 12 50 a.m. on December 21.