MAGISTRATE’S COURT Six Months Gaol For Failing To Stop After Accident

Press, Volume CIX, Issue 31975, 30 April 1969, Page 5

MAGISTRATE’S COURT Six Months Gaol For Failing To Stop After Accident

lan Alexander James, aged' 26, a factory hand, was gaoled for six months when he appeared before Mr K. H. J. Headifen, S.M., in the Magistrate’s Court yesterday for sentence on charges of causing bodily injury to Vincent Peter Kearney by careless use of a car and failing to stop after an accident. His driver's licence was cancelled for a 1 total of three years. i On charges of failing to !ascertain if anyone had been injured after an accident and i having no warrant of fitness James was convicted and discharged. ; Mr R. F. B. Powell, for the 'accused, said that the acci-' dent took place at the corner of Worcester Street and Oxford Terrace at 7.40 p.m. on January 21. James drove past a car which was making a right turn into Worcester Street and it obscured his view of the cyclist whom he struck.

James then panicked and fled, Mr Powell said. James had a good start in life but over the years he had caused bis parents and relatives considerable concern. AU his previous offences, except one. involved motor vehicles. His marriage had broken up, be had no money and would be'

I off the road for a consider-1 'able period as the result of the present offences. His parents had stood by him. The Magistrate said that James had struck a cyclist who had been thrown across the road and who suffered a double fracture of the right thigh. To escape his responsibilities he had driven off. leaving the cyclist lying on] the road. Since 1964 James had had nine convictions for traffic offences. ! "No words 1 can express! can condemn your conduct sufficiently," the Magistrate. I Later Mr Powell applied for bail for James as an' 'appeal had been made to the Supreme Court. The application was refused. BORSTAL Borstal training was Imposed on three young men who appeared for sentence on a total of seven charges. William Frederick Charles Johnson, aged IS, a fisherman, appeared for sentence on a charge of burgling Richie's Service Station at Havelock on April 14. He was also charged l with unlawfully taking a car. valued at SHOO, from Nelson, on April 11, stealing a coat at Bien-; helm on April 13. and stealing five bottles of milk at Okaramlo on April 13. Mr R. N. Wilkes said that the Journey from Nelson to Christchurch. during which the ;offences were committed, beJan after a domestic argument, ohnson admitted taking the car but took no active part tn the other offences. The Magistrate said that Johnson seemed fated to behave tn an Irresponsible manner He had been on probation twice, and had been at the detention centre. His response to treatment was minimal. He was 'ordered to take psychiatric 'treatment if recommended. Stephen Ronald Day, aged 17. j unemployed, was sentenced for participating in the buglarv. He' was not represented by counsel, and had nothing to say. "Your attitude to probation leaves much to be desired." said the Magistrate, "there Is; no alternative for you but Borstal.” Denis Keith Wilson, aged 18. unemployed, was sentenced for, the service station burglary., and for stealing a radio valued at 159 at Nelson, on April 11. ! "Vou have had convictions fori theft. burglary. unlawfully! taking cars, interfering with; cars, indecent assault on a. male, robbery, and assault, all before the age of 18." the Magistrate said. "There is no suggestion that you weren't fully responsible for what you did. If you are to Improve, some- ! thing had better be done I quickly.” ' ONE YEAR'S GAOL Graham Wootton, a prison inmate. was sentenced to one year's imprisonment, the term to be served concurrently with his present term of two years, on charges of burglary of the beftch cottage of Raymond Ga/dner at Birdlings Flat between July 27 and August 3. and burglary of the house of James Alan Slater at Governor’s Bay on December 3 and of being in possession of an unregistered pistol. He pleaded guilty to the three charges Sergeant G. F. Davidson said that Wootton had been sentenced to two years imprisonment in the Supreme Court on December 11. When he was arrested he was in possession of a .22 repeating rifle, the barrel and stock of which had been shortened, making it Into a pistol. Wootton was also found in possession of a binocular valued at 828 and inquiries revealed that it had been stolen from a beach cottage at Birdlings Flat. He admitted breaking into the cottage. While Wootton was on ball awaiting trial in the Supreme Court he had broken into a | house at Governor's Bay and had stolen a .303 rifle and 10 New Zealand half-crowns. The rifle had been recovered but not the money, Sergeant Davidson said. DISCHARGED A discharge without conviction under Section 42 of the Criminal Justice Act was granted to Michael Brian O'Carroll. aged 18. a clerk, when he appeared for sentence on a charge of receiving a radio valuea at 810. knowing it was dishonestly obtained. He had earlier pleaded guilty to the charge. In mitigation. Mr G. S. Brockett said the accused had merely accompanied some other youths when they tried to sell a stolen radio at a city store. He had not been involved in these youths' other criminal activities. A conviction would mark him for the rest of his life to an extent that was perhaps not warranted. The Magistrate said the accused had had a very minor part in the matter. It would be better to assist him to turn j himself into a decent citizen by idischarging him without conviction, he said. FINED FOR ASSAULT A flne of 840 was imposed on; i John Ernest Anderson, aged 18,; !a freezing worker, after he had pleaded guilty to a charge of assaulting Tony Richard Me-1 ; Gregor. The accused had dragged the complainant forcibly from a I telephone box so that he struck i his head against the cabinet, said Sergeant Davidson. He; I raised his fist as if to strike ! him but was then restrained. ! Sergeant Davidson said the I assault occurred outside a hamburger bar in Hornby about 11 p.m. on February 14. The accused said he thought the 'youth he assaulted had been {giving him cheek earlier. He I had been drinking. i In mitigation, Mr A. P. C. [Tipping said the accused had 'committed the stupid act in an effort to stop a group of youths ; from using obsecene language. REMANDED IN CUSTODY Karl Hermadez Swartz, aged 28, a gas operator, and Michael Ambrose Healey, aged 20. an unemployed workman, were convicted and remanded to May • for a probation report and sentence on a joint charge of burglary at the Golden Bay Pharmacy. Ltd. at Takaka. on April 21. Bot ( h pleaded guilty. I

I The Magistrate ordered that ; both men be remanded in [custody in view of their past record of criminal ofteinei. Sergeant Davidson said the accused had broken into the shop and stolen items worth 8408. including cameras and a projector. All the stolen; property had been recovered in the accused's possession, he said. BURGLED SHOP Ross William McQuinn. aged 23. unemployed was convicted and remanded on bail to May. 6 for probation report and; sentence on a charge of burg-1 ling Fabians Four Square Store at 264 Ferry Road. He pleaded guilty to burgling ;the store on April 10 I The accused had stolen; cigarettes and tobacco worth) 8580 when he could not open the safe, said Sergeant Davidson , Only 87 worth of property was [recovered when the accused was arrested, he said. TWO YEARS PROBATION [ i A man whose name was suppressed was released on probation for two years after he' pleaded guilty to a charge of doing an indecent act on a; male. A special condition of probation was that he continue to take medical and psychiatric treatment. Detective Sergeant B. J. Pres[ton said two constables on, patrol in Hagley Park on April' [6 had seen two men come out of the lavatories at 5.20 p.m. Theyi {went out of sight down a bank.' [for several minutes. When tnv i constables investigated. the; accused admitted doing an in [decent act. . | Mr L. M. O'Reilly said that the accused was menially re--1 larded but had suffered extreme and genuine remorse. It was the first time he had committed , such an act and it was not gross misconduct. REMANDED Noel James Qutrke. aged 28. a factory worker, was remanded in custody to Friday for the 'taking oi depositions on a charge of wilfully attempting to [defeat the com se <>t justice in [that he attempted to induce [George Maurice to give evidence [contrary to the truth in the; [trial of the Queen v. David i George Keenan who was [charged with burglary An application lor uail by Mr M. G. L. Loughnan was refused 1 DISCHARGED Garth Alwyn Williams, aged 121. was discnargea wnnuut conviction under section 42 of the Criminal Justice Act on a {charge of stealing two drinking] glasses of a total value of 44c. [the property of John William ' Blanche at West Melton on February 1. Williams was ordered to pay 1820 towards the cost of prosecu tion and witness expenses of, 16.50. He pleaded not guilty and was represented by Mr A. P. C. Tipping. CARELESS USE Ronald Arthur Davis was convicted and fined 815 when he appeared on a charge of carelessly using a motor-vehicle on January 11. He was also ordered to pay witnesses* expenses of 816 and was disqualned from driving tor inret months. The charge arose from a collision between the defendant's car and a motor-scooter at the intersection ot Oxford Terrace and Manchester Street. In other traffic prosecutions brought by the police, penalties were imposed as follows, with Court costs of 15 in each case:Drove carelessly: C. A. O'Brien, 825. Failed to give way: I. D. Sale. 815 and disqualified from driving for three months. Failed to stop at stop sign: M. S. Green. 810 and disqualified from driving for three months. (Before Mr W. F. Brown. S.M.) CHARGES DISMISSED A charge against Patricia Mary Dreaver. a housewife, of failing to give way when turning right was dismissed. She pleaded not guilty and was represented by Mr M. J. Glue. The charge arose out of a collision between a car driven by Mrs Dreaver and one driven by Mary Frances Raymond at the corner of the Main South. Carmen and Shands Roads about 6.45 p.m. on January 36. i A charge against W. A. Habgood, Ltd. of using a vehicle; that emitted excessive smoke because of its mechanical con. dltion was dismissed. The Magistrate said the mechanical evidence fell short of proof. A charge against Orton Trevor Gebbie. of allowing an unlicensed driver to drive on Gebbie's Pass Road, was also dismissed. The Magistrate said that insufficient evidence ot permission, and of ownership of the vehicle concerned had been given. TRAFFIC CASES Careless use Of motor vehicle: i P. R. Diver, 815 and licence cancelled for one month; J.| C. Tooley, 820 and licence can-. celled for three months. Unable to stop vehicle in half [ clear distance ahead: E. J. Kavanagh. 815. Failed to give way to the right: L. Toohili. 820. No warrant of fitness: P. M. : Davey, 86. (Before Mr H. J. Evans, S.M.) TRAFFIC CASES In cases brought by the City j Council Traffic Department, con , victions were entered and fines [imposed with Court costs of > 85 in each case. No driver's licence: M. A. Rich. 820. J. R. Migan. 812 (dis- ; [qualified for two months); B i Palmer. 812 (disqualified for : [three months). ; Inappropriate driver's li-! cence: P. G. Edwards, 85, no light, 85, no rear light. $5; L. W. Rickerby. 815 (no warrant of fitness, 810). Unlicensed motor vehicle: R. N. Barnett, 820 (no warrant of fitness, 810). disqualified for two; months; J. N. Canradie, 815 (no. warrant of fitness, 85). Careless use: J. B. Kelly, 820. C. E. Hamlin. 830: P. Kirk.i 825; L. G. Laverty. 815 (disqualified for two months). Failed to carry heavy traffic licence: P. B. Eaton, 86: Ballins Industries. Ltd. 810; Rapid Despatch Carriers. Ltd. 810: MidCanterbury Transport. Ltd. 810. New Zealand Express Company, Ltd. 810. Exceeded 30 miles an hour: S. R. O'Connor. 815: G. F. Bush. 810; J. T. Williams. 815: G. J. Smith, Sil; A M. Hayward. 88; C. Q. Campion. 820 (disqualified for three months): R R I Cockfield, 825 (failed to keep

[left, 810); M. J. Coughlan. 815 (disqualified for three months): R. G. Cross. 811 (failed to produce driver's licence. 85); K. E. Dyer, 810; I. W. Hamilton. 815: J. L. Higgs. 810; K. M. Hook. 89: D. G. Lester. 810: E. |C. McMillan, 813; N. T. Mulch. $2O: S. L. Phillips. 812. Failed to stop at compulsory stop: A. J. Gulland. 815; E. N. Chambers. 810: J. Woobey, 86. I Failed to give way to the right: R. C. Green. 812 (disqualified for three months); E. iA. Obery. 820: R. T. Tumahai. 1815 (disqualified for three j months). Failed tn give way when [turning right: A. B Binncy, >830: A. F. Tyson. 820. Failed to give way R. A. G. Wang. 820. I Failed to display "L ’ sign: K. G. Macklan 85: J. I. Outram .86; B L. Keats. 86. 1 Insufficient lights. S. A. Thornley, 810. P. J. Hannifin. 1 815. [ Failed to stop in the clear distance ahead: E. F. Cross. I costs only. ' No warrant of fitness: A. E. Goslin. 85; L. M. White. 85; B. P. [ Kane. 85; I. D Wright. 81: C. C. O'Brien. 87; D. J. Alsop. 85. R. M. Ingram. 86: P. J. Beaven. 86 (failed to produce drivers {licence, 812); A. G. Bliss, 87: H. Mako, 810. Failed to stop after accident: ■ L. J. Davidson. 850 (disqualified for one year; failed to give way Ito the right, 815; failed to ascertain injury, costs only). Rode motor-cycle on footpath: iR. E. W. Poulston, 810. Drove at speed which might have been dangerous; B. P Williams. 830 (disqualified for one year). Failed to comply with traffic lights: C. G. Baxter, 810 (disqualified for three months); G. D Harris. 820. Failed to yield right of way at traffic lights: I. W. Beresford. 810 (disqualified for three months).