MAGISTRATE’S COURT Sentence Of Nine Months Gaol For Receiving

Press, Volume CIX, Issue 31988, 15 May 1969, Page 8

MAGISTRATE’S COURT Sentence Of Nine Months Gaol For Receiving

A man released from prison three weeks ago was sent to gaol for nine months on a charge of receiving stolen property by’ Mr E. S.’.J. Crutchley, S.M., in the Magistrate’s Court yesterday. Michael Hema Jacobs, aged 35, a painter, was appearing for sentence on the charge of receiving a stolen television set, a radio, an iron, bedding and cutlery to a total value of $450 on April 28. The Magistrate said the accused had a long list of serious offences and had served several prison terms, having been released from prison on April 21 after serving his last sentence. It was true the accused had made some efforts to try to mend his ways but in view of the seriousness of the offence it seemed the court had no alternative but to send him back to prison. In submissions made by the accused on his own behalf he had said there was no real criminality in his actions,.said the Magistrate. However the accused had not only received the property, knowing that It had been dishonestly obtained, but had gone out and tried to sell some l of it. The accused should take note of a passage on the probation report on him which said that when he lost his illusions about himself he would be better able to take his place in-society, said the Magistrate. HAD DRUGS A 24-year-old woman whose name was suppressed (Mr J. W. Dalmer) was placed on probation for two years when she appeared for sentence on charges of being in possession of drugs, one charge tn relation to morphine sulphate and another In relation to cannabis, both on December 23 last year. A condition of the probation was that the woman take medical and psychiatric treatment, Mr Dalmer said that it was a tragic case, doubly so as the defendant had suffered serious injuries after her arrest on the charges which had left her a paraplegic. The woman would be paralysed from the waist down for life, he said.

The woman had been given the morphine sulphate two days before her arrest and had made no attempt to use it or pass it bn and in fact had no intention of doing so. There was no suggestion that the defendant had been introducing others to the use of drugs or had attempted to sell drugs, Mr Dalmer said. The woman had -reely admitted to the police that she had been smoking cannabis, but had affected no-one but herself, he said.

“Since the offence was committed you have faced a serious accident as a result of which you received shocking injuries which, ft would appear, will be permanent. In this light the Court cannot contemplate any form of serious punishment such as imprisonment," the Magistrate said. PROBATION Appearing for sentence on a charge of unlawfully getting into a car, John Tumanako Stevens, aged 22. was placed on probation for 18 months and Ngu Ngutoro, aged 29. was placed on probation for 12 months. The men had pleaded guilty to getting into a car worth >550 in the yard of Kennedy's Car Sales, Ltd, on May 8. Placing the accused on probation, ' the Magistrate said that there was not sufficient evidence to Indicate that they had intended to take the car. Both were in some need of guidance through the probation service, he said.

THREE MONTHS GAOL Charles Henry Tucker Green, aged 23, a shearer, was sentenced to prison for three months on each of two charges, one of receiving goods valued at >430 on April 28. and one of driving while disqualified on February 28. The sentences will be served concurrently. On the charge of driving while disqualified he was also disqualified from driving for a further year. On two further charges, one of careless use of a motor vehicle and one of having no warrant of fitness, Green was convicted and discharged. FINED >2OO James William Lewis, aged 19. a storeman (Mr K. N. Hampton) was fined >2OO and had his period of disqualification extended by one year when he appeared for sentence on a charge of driving while disqualified on March IS. He had two previous convictions for driving while disqualified. BROTHERS FINED Peter Te Amo. aged 22, a factory hand, and Ronald Te Amo, aged 26, unemployed, were fined a total of >BO each when they appeared for sentence on charges of theft. Peter Te Amo was fined >3O and Ronald Te Amo >6O on a joint charge of stealing toilet articles, two first-aid kits, and a driver's licence on Mky 1, and Peter Te Amo was fined a further >3O on a charge of stealing a saving bank passbook and two drivers’ licences on April 30. For the accused. Mr W. A. Wilson said the offences were part of a drunken escapade. The Heins stolen from two unlocked cars were comparatively trivial and useless to the accused. Both had co-operated fully in recovery of the stolen articles. FINED MO Richard John Samuels, aged 20, a driver's assistant, was fined >6O and was ordered to make restitution of >3O on a charge of stealing a car radiator and attachments valued at >3O, the property of Harold George Morris Scott on December 10. Samuels pleaded guilty. Sergeant G. F. Davidson said that Samuels and two other men Visited Mr Scott's farm at Windwhistle purchasing scrap metal. Next morning the farmer found that a radiator was missing. Mr M. G. L. Loughnan, for the accused, said that the radiator had been lying under the trees for some time and was only fit for scrap. Samuels was a simple person. CARELESS USE Christopher John Butler, aged 19. a student (Mr G. W. Alexander) was convicted and fined >l7 on a charge of careless use of a motor vehicle on Double Days Road on January 8. He had pleaded not guilty.

RECEIVING Hilda Bain, aged 28, was convicted and remanded until May 21 for sentence on a charge of receiving. She pleaded guilty and was represented by Mr R. F. B. Perry. Sergeant Davidson

said that on May 12 the defendant had received Items of women's clothing from her husband knowing them to be stolen. The defendant was remanded for probation officer's report. >3O - FINE, PROBATION Charged with stealing five car radiators valued at >3O, Ronald Gregory Lewis, aged 18, an apprentice presser, was fined >3O and released on probation for 128 months when he appeared for sentence on the charge. He was ordered to make >17.06 restitution to R. C. Rollo, Ltd, from whom the radiators were stolen on May 3. Mr W. A. Wilson said the accused had seen another man take them from the yard and drop them on the footpath. Although he thought there was something “fishy the accused had then picked them up himself, in effect stealing from a thief. It was not the usual type of theft at all, he said. WILFUL DAMAGE Margaret Emma Kemp, aged 29, was fined >25 on a charge of wilful damage. The defendant, who pleaded guilty, was appearing under arrest on a bench warrant for previously falling to appear at the Magistrate's Court. Sergeant Davidson said that in the evening of April 19 the defendant had gone to the Oriental Cale. After altercations

with people there she had gone outside and put her fist through a plate glass window. The defendant had been drinking and told the police that people had been rude to her and she had lost her temper. The defendant was ordered to make restitution of >15.42.

BREACH OF PROBATION William Sheary, aged 31, a labourer, was fined >2O on a charge of breach of probation. He pleaded guilty. The probation officer said the accused had been released from prison in September last year after serving a sentence of two and a half years for burglary and unlawfully taking a car. This was to be followed by a year’s probation, during which he was required to report weekly to the probation officer. After some time he stopped doing this and when arrested gave the explanation that he was just too lazy. CARELESS USE Kevin Andrew Link, aged 17. a motor mechanic, was fined >l5 and disqualified for three months on a charge of careless use. MISCELLANEOUS CHARGES In other charges brought by the police, convictions were entered and penalties Imposed as follows, with Court costs >5 on each charge: Careless use of a motor vehicle: N. Meadows, >25; J. B. Pettersen, >25. licence cancelled for three months and ordered to pay witness expenses of 36.50. Failed to attend army parade: Gary Ramon Montgomery, aged 23. truck driver, >lO. Minor found in bar: Nlckl Frear, aged 18, >lO (gave false linformation to police, >10).

(Before Mr H. J. Evani,-S.M.) SIX MONTHS BORSTAL Maurice Frederick James Smithers, aged 19, was sent to Borstal for six months and ord* ered to pay resitution totalling $498 when he appeared for sentence on charges of wilfully setting fire to straw. Smithers who had earlier pleaded guilty was represented by Mr S. G. Erber. Because of the defendant's actions 1200 bales of straw had been burnt and $5OO damage been done. Although the act had been committed when the defendant was under the influence of liquor, with a con* sequent sense of bravado, this was not very different from an act of arson, the Magistrate said. FINED $BO FOR THEFT A woman whose name was suppressed was fined $BO on a charge of theft of a diamond ring when she appeared for sentence. She had previously pleaded guilty. DETENTION CENTRE TRAINING Alan Richard Fox, aged 20. was sentenced to detention centre training when he appeared for sentence on charges of unlawfully talcing a motor vehicle and receiving and a further charge of theft. He was represented by Mr D. M. Palmer. He was also ordered to make restitution of $lOO towards damage to the motor vehicle. David Gordon Lowe, aged 19. was sentenced to detention centre training when he appeared for sentence on a charge of theft. He had earlier pleaded guilty and was represented by Mr D. M. Palmer. Counsel for the defendant said that his client had been associated with the previous defendant. Fox. but the only actual crime in which he had been involved was that of the theft of petrol at Hope, in Nelson.

(Before Mr J. D. Kinder. S.M.) DECISION RESERVED The Magistrate reserved his decision in a case against Rober; John Edwards, an Ashburton agricultural contractor (Mr S. G. Erber), of proceeding from a stop sign when the way was not clear. He pleaded not guilty. The charge was laid after an accident at the intersection of Worcester Street, Ol'.iviers Road and Linwood Avenue at 8 p.m. on February 24. FINED $BO

Martin Oudhulsen, aged 32, a bricklayer, was fined $BO and disquazified from driving for three years on a charge of driving under the influence of drink or a drug in Colombo Stre?t on April 24. Detective Sergeant B. J. Preston said that the defendant had been stopped driving his utility truck in Colombo Street about 10.30 p.m. The traffic officers who stopped him had previously watched him driving down .Colombo Street. His driving had been very erratic. The defendant was arrested and taken to the police station where two police officers formed the opinion that he waa unfit to drive. The defendant had said that he had been drinking

in a hotel from 8.15 p.m. until closing time The defendant pleaded not guilty and was represented by Mr M, J. Glue. FINED $3O George William Cowlin, aged 49. unemployed, was fined $3O on a charge of stealing tools worth $5 from Mrs R. J. Walsh between January 18 and March 3. He pleaded not guilty and defended himself. Evidence was given that the tools had been found in a house previously owned by the accused after they were found to have been taken from the complainant's garage. (Before Mr P. L. Molineaux, S.M.) TRAFFIC CHARGES In traffic prosecutions brought by the Ministry of Transport, convictions were entered and penalties imposed as follows, with Court costs, $5, on each charge:— Drove while disqualified: T. B. Lilley, $9O. disqualified from driving for 12 months, period of disqualification to commence on day of expiry of current disqualification. Failed to stop at compulsory stop: M. J. Harris. $2O, disqualified for one month (exceeded 55 miles an hour, $10): W. J. Tait. $l5; D. I. McKerzie, $l5; R. W. Derbridge. $l4; R. R Coleman. $l5; K. A. R. sls. Care.ess use of a motor vehicle: N. B. Johnstone. $l5. disqualified for one month; W. S. Shaw, $25, disqualified for three months (failed to keep left, costs on'.y). Exceeded 30 miles an hour: J. Matheson. $l2; P. R. Dunn. $2O; T. Uren, $3O (exceeded 55 miles an hour, $10); S. Poi, $10; T. W. Worrall, 112 (passing on intersection, $12); R. S. Apperley, $l2; M. W. Steele, $l4; J. A. Howes, $10; A. A. Sinclair, $8; J. R. Price, $10; D. P. Powell, $l2; M. E. Adair, $2O: A. E. Anderson, $l5: J. Appel, $3O (no safety helmet, costs only); W. G. H. Auld, $27; D. J. Booth, $l5; C. J. Campbell, $l3; E. M. Chesney, $10: D. Cosgrove, $l5; C. E. Davidson, $2O; M. K. Edmunds, $l5; W. P. Fraser, $10; R. J. M. Gardiner, $l2; S. L. Young, $3O; R. A. Green, $3O; J. F. Grimwood, $10; J. H. W. Hay. $l2; J. L. Healey, $l2; N. Hilton, $10; J. G. Honore, $25: V. A. Houghton, $l2; P. P. Howard. $l2; H. James, $32; R. C. Jones, $l5; P. H. Kane, $l2; R. J. Kilgour, $l5; W. S. Kirby, $lO (defective silencer on motor-cycle, $10); C. Lamb, $10; P. P. Lynch, $l5 (wrong class of driver's licence, $6); O. F. McCarthy, s3f; A. McGrath, $l2; R. J. Maclean, $2O; W. P. Meredith, $4O; M. H. Mitchell, $47; J. H. Myers, $l2; A. C. O’Neill, $35; A. G. Paisley, $l5; K. C. Payne. $27; G. H. Perkins, $l5; J. E. Roberts, $10; T. P. Swaffield, $l5; E. N. Vivian, $10; E. G. Whitly, $10; J. R. Wilson, $25; L. R. Wilson, $10: N. A. Baker, $25; F. Barlow, $5O; W. J. Bartholomew, $27; G. Butland, $10; K. J. Driscoll, $2O; W. W. Duder, $25; C. W. Edwards, $10; H. Gebler, $10; C. D. Hemsley, $l2; L. F. Lim, $35: K. J. Mclnroe, $3O; B. J. Phillips, $10; J. M. Sugrue, $l2; U, D. Tuna, $l5

(insufficient lights, $10); L. M. Burns, $25; L. A. Beadle, $lO (failed to keep left, $15); S. J. Cameron, $42; S. E. Dench, $3O; R. D. Horton, $2O; H. Mako, $l5: R. D. May. $10; J. G. Vietch, $10; K. Wendelken, $27; R. R. C. Sweet, $l5; M. C. Tasker, $25.

Exceeded 55 miles an hour: K. H. Sigley, $4O. Failed to give way at give way sign: G. M. Connolly, $2O. Failed to keep left: A. H. van Drongelen. $2O, disqualified for three months: R. J. Gray. $6; B. D. Lawrence. $6. Insufficient lights: J. A. Campbell. $6; P. J. Kirner, >l2 (worn tyre, $8).

Dangerous load: Smart and Sons Ltd, $2O.

Excessive rear overhang: Ryan Bros, $l5 Failed to dip lights: P. J. Jones, $6; R. w. Soper, $«; S. D. Urumoff, $6. Unlicensed motor vehicle: L. E. Blair, $6; R. D. Walker. $B. Failed to notify change of ownership: Mortensen Motors, Ltd, $6O.

No safety helmet: C. J. Simpson, $lO.