MAGISTRATE'S COURT Twelve Months Imprisonment For Burglary Of Store

Press, Volume CIX, Issue 31989, 16 May 1969, Page 7

MAGISTRATE'S COURT Twelve Months Imprisonment For Burglary Of Store

Since 1963 his client had been “in and out of trouble —mainly in,” said Mr J. E. Butler, in the Magistrate’s Court yesterday when John William King, aged 22, unemployed, appeared for sentence on charges of burglary and theft

Commenting that the accused had built un a formidable list of convictions and had served several prison terms, Mr J. D. Kinder, S.M., imposed a sentence of 12 months imprisonment on him for the burglary of the Hope Store at Hope on April 24, and one month’s imprisonment for stealing two gallons of petrol on April 23. The terms are to be concurrent King was ordered to make restitution.

The Magistrate said the accused had previously been sentenced to a year’s gaol for burglary and now appeared for a similar offence. He had committed the burglary with others but had played a prominent part in it as he was the one who forced the door to enter the shop. There was no excuse for the offence, said the Magistrate. The articles stolen had not been of great value, but it was still a serious crime. The accused had not responded to probation. “When people have been prepared to grant you help and trust you have repaid them by taking advantage of them.” In mitigation, Mr Butler said the accused had had an extremely unsettled home life as a child and had been placed under the care of Child Welfare. Since then he had committed a fairly substantial list of offences and had been to Borstal and prison.

Mr Butler asked the Court to give the accused a final opportunity to respond to probation. “Falling that chance he’ll probably be in prison for a substantial part of the rest of his life.” CHARGE DISMISSED

A charge of failing to give way against Norman Eric Taylor, aged 62, a solicitor (Mr P. J. Thompson), was dismissed. The defendant pleaded not guilty to the charge, laid after a collision between his car and another at the intersection of Colombo Street and Lichfield Street on December 7. The primary duty of a driver was to give way, but the defendant could not reasonably foresee that a motorist was suddenly going to accelerate across the intersection, said the Magistrate. This was especially so in view of the poor visibility at the intersection.

(Before Mr W. F. Brown, S.M.) •'NOT SUFFICIENT EVIDENCE"

In a reserved decision the Magistrate dismissed a charge against Noel James Foulkes, aged 48, a contractor, of driving under the influence of drink or drugs on the Main North Boad at Belfast on April 3. Foulkes, who pleaded not guilty, was represented by Mr M. J. Glue. The Magistrate said that at 11.30 p.m. on April 3 Traffic Officer Middleton saw a truck parked at right angles on the Main North Boad half a mile from the Styx Bridge. The front of the truck was towards the centre of the road and the rear wheels were stuck in a ditch.

The traffic officer found Foulkes sitting in the driver's seat attempting to roll a cigarette. Foulkes told the traffic officer that he was the driver of the truck and. while he was attempting to turn, the

back wheels got stuck in the ditch.

Asked by the traffic officer when this had happened, Foulkes had replied a short time before or a few minutes earlier. There was a strong smell of alcohol on his breath, his speech was slurred and he was unsteady on his feet, the Magistrate said. Foulkes admitted drinking at the Phoenix Hotel but refused to say how much liquor he had had. He was arrested and at 12.10 a.m. he was seen by Sergeant Henwood, who considered that he was not fit to drive. At 12.15 a.m. Foulkes was examined by Dr S. Wilson, who certified him as unfit to drive. A blood test was taken and this revealed a figure of more than 200 milligrams of alcohol in 100 millilitres of blood.

It was clear that at 12.35 a.m. when the blood sample was taken that Foulkes was definitely unfit to drive, the Magistrate said. The crucial matter in the case was the condition of Foulkes at the time when he drove.

There was no evidence as to when Foulkes drove except his own admission. This alleged admission was from an allegedly intoxicated driver. The traffic officer had been scrupulously honest and admitted that he was not able to say exactly what Foulkes had said about this matter.

The blood sample did not decide the question—only that Foulkes was far to drunk to drive at 12.35 a.m. The greatest effect of alcohol was one to one hour and a half after it had been consumed.

“I feel in this case the traffic officer should have noted specifically what the defendant said,” the Magistrate said. “The Court strongly suspects that the defendant was in no state to be behind the wheel. Only the defendant knows the real truth.” The vague admission by Foulkes, an allegedly intoxicated driver, that “it had happened a short time* previously” was not sufficient evidence to enter a conviction. There was a doubt and the information would be dismissed, the Magistrate said. (Before Mr K. H. J. Headifen, S.M.) TOOK MILK MONEY Rodney Neil Harris, aged 18, a builder’s labourer, was convicted and remanded on bail to May 22 for sentence when he pleaded guilty to a charge of theft of various sums of money, of a total of $2.12, the property of Ronald Clifton Beardsley, on May 14. Sergeant G. F. Davidson said that Harris was seen at 2.30 a.m. on May 14 in Palmers Road. He was going from one milk box to another and when approached made off. Located about 14 hours later, Harris admitted the offence and said he thought he had got about 80c. He had been drinking before taking the money and had been walking home. Mr Beardsley, the vendor, had found that $2.12 had been taken from bottles on his round that night. Sergeant Davidson said. When Harris was interviewed he had in his possession a 10c piece which had been marked by Mr Beardsley. ■ In answer to a question from the Magistrate, Harris said he was currently serving sentence at a periodic detention centre on another matter. OBSCENE LANGUAGE Bernard Warner Healey, aged 20, a freezing- worker, pleaded guilty to a charge of using obscene language in Harewood Road on May 7. He was convicted and fined $2O. Sergeant Davidson said that at 11.10 p.m. on May 7 an offduty police sergeant went to intervene in a struggle between two persons, one of them Healey, when the language was used. Mr K. N. Hampton, for Healey, said that Healey and the other person had been drinking and that in fact Healey had been attempting to get the other person on to his feet after he had fallen in the gutter. CAUGHT WHITEBAIT Harold Norman Harris, a mechanic (Mr M. J. Glue), pleaded not guilty to a charge of fishing for whitebait in the Waimakariri River on December 21, whitebait then being out of season. He was convicted and fined $lO. William Joseph James Gillespie, a ranger, said he saw the defendant on the north bank of

the river on December 21, dipping a whitebait net in the water. When he approached Harris he had been told the defendant was fishing for silveries but he had found three dozen whitebait in a bucket of water near the defendant’s car, Mr Gillespie said. Harris said in evidence he had been catching silveries, also known as minnows, to use as live bait for trout fishing. The whitebait had also got into the net but he had not intended to keep them. HIT PEDESTRIAN A man who hit a pedestrian on a crossing at the intersection of Oxford Terrace and Montreal Street on March 18, was convicted and fined $l5 on a charge of failing to give way to a pedestrian. Cyril Seddon Knight, aged 62, a storeman, pleaded guilty to the charge. Sergeant Davidson said that about 4.50 p.m. on March 18 Knight was riding his motor cycle on Oxford Terrace when he made a left turn into Montreal Street and collided with a woman pedestrian. As a result of the accident the woman suffered minor leg injuries. HELD OVER The Magistrate held over the question of conviction of an 18-year-old girl who pleaded guilty to a charge of theft of a jumper, valued at $7.65, on May 7. until he obtains a probation officer’s report. The girl, whose name was suppressed, was remanded on bail io May 22. FINED $l5 Anthony Noel Hardinham. aged 21, a student, was convicted and fined $l5 on a charge of failing to give way while turning on April 9. He pleaded guilty. Sergeant Davidson said the charge arose from an accident in which Hardinham’s car, which had been travelling south along Colombo Street, collided with another, which had been travelling north, while Hardinham was turning right into Oxford Terrace. TOOK CAR Pleading guilty to a charge of unlawfully taking a car valued at $1250 on May 13, Peter Te Amo, aged 22, an unemployed factory hand, was convicted and remanded in custody to May 22 for a probation officer’s report and sentence. Sergeant Davidson said that the car was taken from outside the Central Police Station between 7 p.m. and 7.30 p.m. on May 13. It was found about an hour later parked around the corner. When interviewed by the police Te Amo admitted the offence and said that he was unable to explain why he did it. FAILED TO GIVE WAY Charles John Bennett Priestley. aged 25, a machinist, was fined $2O when he pleaded guilty to a charge of failing to give way to the right on Tuaniwi Road, Rangiora. on March 9. OTHER CHARGES

In other charges convictions were entered and penalties imposed as follows, with Court costs, $5, on each charge:— Failed to ensure child’s attendance at school: Thomas Henry Poulsen, costs only. Failed to furnish return of income: Basil James George Reese, $B.

Minor found in public bar: Paul Adam, $4. (Before Mr H. J. Evans, S.M.) CONVICTED'AND REMANDED Terence James Wright, aged 21, was convicted and remanded on bail to May 26 for probation report and sentence on a charge of driving while disqualified In Mace’s Road on April 29. and obstructing a traffic officer in the execution of his duty on the same day. He pleaded not guilty. Evidence was given that the accused was stopped by a traffic officer and asked to produce his driver’s licence. He later produced his brother’s licence, without his brother’s knowledge. The accused later admitted he had done this because he was a disqualified driver. He had been disqualified from driving for one year in June last year, when he was convicted on a charge of dangerous driving. CARELESS USE

A fine of $l5. with witnesses' expenses $3.25, was imposed on Mark Comber, aged 16, a grocer (Mr I. B. McNeill), on a charge of driving carelessly. He pleaded not guilty. The Court was told that the defendant had struck a parked car in Seaview Road on October 28. The defendant said his wheel had hit a stone which had thrown his steering out of balance.