MAGISTRATE’S COURT Three Months Gaol For Driving While Disqualified

Press, Volume CIX, Issue 31983, 9 May 1969, Page 8

MAGISTRATE’S COURT Three Months Gaol For Driving While Disqualified

"Apart from the actual driving, this offence amounts practically to contempt of the law,” said Mr K. H. J. Head!fen, S.M., in the Magistrate's Court yesterday, when sentencing Reginald Claude Skelton, aged 34, a caterer (Mr R. N. Wilkes), to three months imprisonment on a charge of driving while disqualified on the Lyttelton waterfront on May 1.

Skelton was also disqualified from driving for a further year, his period of disqualification to end on March 17, 1972. Mr Wilkes said that on May 1, Skelton was serving in a canteen on the ferry wharf when the supply of cups ran out. He drove the short distance to Cashin Quay to collect three crates of cups and on the way back he was caught Although Skelton had a record, which included some serious criminal offences, from 1958 to 1965 he had a relatively clear record. Since 1963 he had had some permanence of employment. The Magistrate said that Skelton faced the court for the third time since January, 1967, on a charge of driving while disqualified and it was difficult to see any justification. TWO CHARGES DISMISSED Two of six charges brought against Peter David Harris, aged 22. a soldier (Mr L. M. O’Reilly), after he was Involved tn a motor accident on the SockI burn overhead bridge on the Main South Road on April 10, were dismissed. The charges dismissed were of assaulting a constable in the execution of his duty and driving under the influence of drink or drug, causing bodily injury. He pleaded not guilty to both charges. I On four other charges arising .from the same incident. Harris i w»a convicted and fined a total iof $145 and disqualified from : driving for periods of IS months 'and six months, both terms to be served concurrently. On a charge of failing to stop after an accident he was convicted and fined $BO and disqualified for 18 months and on a further charge of failing to ascertain whether any person was injured after an accident, he was lined 850 and disqualified for six months. For failing to render assistance after an accident he was convicted and discharged. He pleaded guilty to these three charges. On a charge of careless use of a motor-vehicle, to which he pleaded not guilty, he was fined 115.

Hendrlcus Wllhelmus Gisberts, a fitter and turner, said that about 11 p.m. on April 10 he was riding his bicycle on the Soekburn overhead bridge when he was hit from behind by a car. He was thrown oft his bicycle and by the time he looked up he saw the car disappearing down the bridge. He suffered bruises to his right arm and was of! work for six days. Damage to his bicycle amounted to about $23. Constable R. E. Green said that at Harris's home at about 12.30 a.m. he spoke to Harris about the accident and noticed that he was Intoxicated. His attitude was surly. When Constable Green began taking notes Harris lunged towards him, pulled the pen from his hand and grabbed the front of his tunic. A scuffle developed In which Harris punched Green. Harris and his father denied this.

The Magistrate said that in the charge of driving while under the influence, of drink or drugs, the evidence fell far short of the proof required. In the charge of assault he was not prepared to disbelieve either Constable Green or Harris's father. The case therefore had not been proved beyond a reasonable doubt. MISCELLANEOUS CASES In miscellaneous cases brought by the Inland Revenue Department and the Inspector of Factories, convictions were entered and fines imposed as follows with Court costs of 55 in each case:— Failed to furnish return of income: Brian Joseph Charles O’Shaughnessy. $lO. Failed to close shop on Sunday: Flatman's Foodarama. $l2; Brian Spencer. $l2. (Before Mr P. L. Mollneaux. S.M.) CHARGE REDUCED A fine of $B, with witnesses’ expenses of $6.50, was imposed on Ronald Charles Morton, aged 58, a shopkeeper (Mr D. H, Godfrey), after the Magistrate reduced a charge of driving carelessly to one of exceeding 30 miles an hour. He bad pleaded not guilty.

FINED $l4 Stephen William Griffin, aged 18, an apprentice carpenter (Mr I. B. McNeil), was fined $l4 On a charge of using a vehicle without reasonable consideration. He pleaded guilty after changing his original plea of not guilty. CARELESS USE A fine of $25 was imposed on Graham Francis Stuart, aged 29, a driver, on a charge of careless use of a vehicle. He pleaded guilty. The charge was laid after the defendant collided with another car in Hereford Street on December 24. (Before Mr E. S. J. Crutchley,

S.M.)GIRLS ON CHARGE A case of shoplifting against two girl students, aged 17 and 19—whose names were suppressed—was adjourned to October 20, when the Magis, trate will receive a probation report. The girls had each pleaded guilty to the theft of a tin of pineapple, a tin of baby power, a tin of air freshener, and a bottle of shampoo, of a total value of $1.72, from Wardell’s, Ltd, on April 30. A police statement said that both girls had admitted going into the store to see what they could take—but counsel, Mr J.B. Stringer, disputed this. Mr Stringer sought discharge for both girls under section 42 of the Criminal Justice Act, saying that the offence had been out of character and that if convicted the girls would suffer a penalty out of all proportion to the offence. The Magistrate, after first standing the case down for consideration, decided upon an adjournment to see how the girls behaved in the meantime. 23 CHARGES Clive Barry Tait, aged 56. an Australian said to have been living in New Zealand tor the last four years, pleaded guilty and elected summary jurisdiction on 15 charges of obtaining credit by false pretences or fraud, and eight charges Of false pretences—all involving the passing of false Cheques, mostly at hotels where Tait had stayed, at Auckland, Rotorua, Taupo, Wellington, and Christchurch, between January 4 and April 29. Mr R. N. Wilkes, for Tait, consented to a remand to May 19 for a probation report and sentence. (

According to the police statement, Tait, an unemployed accounts clerk, had obtained a total sum of $933.69, in amounts ranging from $103.57 at Rotorua, and $102.51 at de Brett’s Hotel, Wellington, to $6 at the United Service Hotel, Christchurch.

THEFTS FROM CARS Peter Te Amo. aged 22, an unemployed factory worker, and his brother, Ronald Te Amo, aged 25, also unemployed, both Pleaded guilty to a charge of theft on May 1 of two first-aid kits and toljet requisites, valued at $l4, from a car parked in Colombo Street. Peter Te Amo also pleaded guilty to the theft on April 30 of driver's licences and a bank pass book, valued at $3.10, from another parked car.

They were both convicted, and remanded for sentence on May 14, bail being allowed at $2OO.

DAMAGED TELEPHONE Graeme James Brixton, aged 17, an apprentice (Mr K. N. Hampton), was convicted and fined $3O, and ordered to make restitution of $5.20. after pleading guilty to the wilful damage on March 23 of a telephone handset and cord In a telephone box at the corner of Riccahon Road and Mona Vale Avenue.

URINATED IN SQUARE Valerie Regina King, aged 18,

an unemployed typist, was convicted and lined $lO on a charge of casting offensive matter in Cathedral Square early on April 6, having pleaded guilty by letter. ARSON CHARGE A man whose name was suppressed in the interim, was remanded, under section 37 of the Mental Health Act, to a psychiatric hospital, to appear in court on May 19, on a charge of wilfully setting lire on April 1 to a garage and a house In Hastings Street, Sydenham. Mr D. H. Palmer appeared as counsel. SHOPLIFTING Margaret Jean Hale, aged 29. a housewife, was convicted and fined $5 after pleading guilty to the theft on March 27 of 11b of mincemeat, valued at 32c, from the Lincoln Road Supermarket. DANGEROUS DRIVING A man who drove a truck through a restraining rope at the Lady Wlgram Trophy race meeting at Wigram airfield on January 18, and in so doing caused several persons alongside it to be thrown to the ground, was convicted and fined $156 on a charge of dangerous driving and disqualified for 18 months. John Garrick Ferguson Pirle, an assistant manager, pleaded not guilty, and was defended by Mr P. J. Cordner. Pirle and a defence witness, | Gerald Fenwick Arthur Cresswell, a car salesman, who bad been a passenger in the truck,' both claimed that the rope had

been only Inches from the ground, and to have seen nobody at the spot where they “crossed over” it.

Prosecution witnesses said the rope was 2ft 61n above ground, and that persons had jumped up and waved their arms at the driver in an endeavour to stop him. The Magistrate said It was inconceivable that three policemen and three other prosecution witnesses would all come to court and commit perjury tn describing a completely different picture from that painted by the defence. Entering a conviction, the Magistrate described Pirle as grossly unobservant. PRISON TERM Eleven months imprisonment was Imposed on Grant Edward Belchin, aged 23, a cook, when he appeared for sentence on charges of unlawfully taking a car, driving while disqualified, theft of food worth $6.68, and ’ obtaining $5.20 by false pretences. The offences occurred on the West Coast on April 19. The Magistrate ordered that Belchin be placed on probation for one year after his release : from prison and that his period : of disqualification from driving (be extended for another year, i ! TRAFFIC CHARGES In traffic prosecutions brought I by the police, convictions were . entered, and fines imposed, as I follows (Court costs of $5 additional on each charge): Failed to stop car for traffic I lights: G. D. Adams, $l5; A. S. - Clanachan, costs only. Failed to give way at Inter- , section: C. W. Collins. $25; D. ■ C. Palmer. $2O; B. J. Ward. $25. I Careless use of motor-vehicle: . F. L. M. Kirkman. $10; W. K. I Sparks. $25.