MAGISTRATE’S COURT Nine Months Imprisonment On False Pretences Charges

Press, Volume CIX, Issue 31993, 21 May 1969, Page 11

MAGISTRATE’S COURT Nine Months Imprisonment On False Pretences Charges

A former Australian accountant and Justice of the Peace who obtained credit and cash to a total value of $933.69 by means of false pretences in Auckland, Rotorua, Wellington and Christchurch, was sentenced to nine months imprisonment by Mr E. S. J. Crutchley, S,M., in the Magistrate’s Court yesterday. Clive Barry Tait, aged 56, an unemployed accounts clerk, was appearing for sentence on 15 charges of abtaining credit by false pretences, and nine charges of false pretences. The offences were committed between January 4 and April 29. The accused obtained $4B 50 by false pretences and incurred board worth $885.19 at hotels. The Magistrate ordered that Tait pay full restitution, and that he be placed on probation for a year after his release from prison. For the accused, Mr R. N. Wilkes said that in his early life Tait seemed to have had instilled in him the desire to achieve more than the rest of his family. He had accomplished this with a sound education and had taken an accountancy degree in Australia where he was also a Justice of the Peace. He had had a sound work record there as an accountant from 1946 until 1965. The accused had also found an outlet for his energies as a dedicated political supporter of the Menzies Government Later with an executive position and political influence

■ the accused had “trodden on s many corns,” as he put it, t said Mr Wilkes. As a result : pressure had been put upon • him by his political adver- , saries and people of his social , standing, and this had caused i a rift in his marriage. Two charges of false pretences in- ■ volving cheques laid against the accused in Australia had , been dismissed, said Mr > Wilkes. The accused was • adamant that these had been • laid with underlying politi- , cal motives. ■ After the pressure brought i upon him in Australia, which 1 had reduced his political and ; social status, the accused had • decided to come to New Zea- , land to make a new start. His work record in this country was sound although he had left several jobs because of conflict with younger employees who, he said, resented his holding executive positions after only a short time with the firms. Mr Wilkes said the accused had gone to Auckland to try to get a job but was unable to find suitable work at that time. The accused had exhausted his capital and felt he was run into a corner and had to gain time by committing the offences. The accused had always intended to repay the money and credit that he had obtained at hotels by false pretences. His earnest wish now was to repay this although his financial sitaution in New Zealand was parlous at the very least, said Mr Wilkes.

Sentencing the accused, the Magistrate said the offences were serious and apparently deliberate crimes—“committed not by a boy of 18 but by a grown man of 56 years.” He said the accused had defrauded a number of people and despite his otherwise clear record he would have to pay by going to prison,, as well as paying restitution. THREE MONTHS IMPRISONMENT Karlis Wilson, aged 26. a prison inmate, was sentenced to nine months imprisonment when he appeared for sentence on a charge of escaping from a penal institution. He was not represented by counsel. The defendant had a considerable list of previous offences said the Magistrate. His excuse that he had left the hostel to have a meal was very weak. However, it was to his credit that he had returned to the hostel. There was a duty towards public confidence in pre-release Institutions, the Magistrate said. Consequently the defendant would be imprisoned for three months, this to be cumulative with his present sentence, making a total of nine months imprisonment. TWO MONTHS IMPRISONMENT Maurice Rangi, aged 29, a workman, was sentenced to two months imprisonment when he appeared for sentence on a charge of escaping from custody. Counsel for the defendant (Mr M. G. L. Loughnan) said that his client had been detained at the Opawa Pre-release Hostel as he neared the end of a two-and-a-half-year prison sentence. His prison behaviour had been good enough to allow this.

The defendant was due for release on May 16, but on May 10 he went from the hostel to the Square to have a meal at

1 the ptecart. He deliberately re- , turned tour hours late where the police were waiting. The Magistrate said that in ■ dealing with the defendant he ’ had an obligation to the community at large that confidence , be maintained in such pre--1 release hostels. ’ TWO YEARS PROBATION Annette Evelyn Stewart, aged 1 18, was sentenced to two years I probation when she appeared on two charges of theft. She was also fined 820 on each ' charge. On a charge of being i a minor found in a public bar I and a second charge of being : a minor consuming liquor in a i public bar she was fined 87. She ■ pleaded guilty and was repre- '■ sented by Mr W. A. Wilson. A complaint was received by - the police regarding the theft of • a dress from a rack in a shop I on March 20, Detective Sergeant i T. J. C. Joy said. When inter- ' viewed Stewart frankly admit- ( ted the offence. She said that i she had taken a liking to the dress and did not have the i money to pay for it. She put i it in a bag and walked out of . the shop. Stewart also admit- ■■ ted stealing a dress from the : same shop under similar ciri cumstances during January. At ■ 10.20 p.m. on April 18 the police - found Stewart in the lounge bar of the British Hotel at Lyttelton, said Detective Sergeant Joy. 1 FINED 820 FOR ASSAULT Bryan Douglas Tindall, aged 1 10, a salesman, was fined 830 on ‘ a charge of assaulting Judie Lo- ' retta Crew. He pleaded guilty. Detective Sergeant Joy said - that at 11.45 p.m. on May 15 ■ the complainant was with her ' girlfriend when her de facto • husband, Tindall, arrived home. When he found that some of his 1 gin had been taken from the refrigerator he grabbed his de facto wife and threw her , against a cupboard and on to , the Boor. He kicked her a number of times in the back while ' she was lying on the floor. The girl suffered bruising to her arms and back. When seen by the police Tindall admitted kicking the girl in the back and said that she deserved it. He had been drinking during the evening, Detective Sergeant Joy said. Mr W. A. Wilson, for the accused, said that the charge arose from a domestic dispute. Both had been drinking. The girl's injuries were not serious. Tindall had not been in trouble for two years and was making a real effort to reform. TWO YEARS PROBATION Richard Duncan Cameron, aged 29, a machine operator, was convicted and admitted to probation for two years when he appeared for sentence on two charges of theft, one charge of illegal possession of a firearm, and a charge of procuring possession of ammunition. Mr G. R. Lascelles, for the defendant, said that the three offences relating to arms had been committed as far back as March, 1966, when the arms had been stolen from the Canterbury Museum. They had been kept at home; there was no Intent to use them, he said. The fourth offence of theft of articles from an estate at Pigeon Bay had been committed over a period of three years from 1966 until recently. Matrimonial discord had led the defendant's wife, to report the articles to the police, Mr Lascelles said. The defendant had a difficult married career, the Magistrate said. In the three years since the offences had been committed he had taken special steps to get good care taken of his children. He was well thought of by his employer and had generally proved himself to be a worthwhile citizen. AFTER HOURS LIQUOR Charged with supplying liquor after hours, Frank Archibald Hartley, aged 46, the licensee of The Grosvenor Hotel, pleaded guilty and was fined 820.

The police had visited the Grosvener Hotel at 12.6 a.m. on March 29, said Detective Sergeant Joy. There was some delay before the door was opened by the licensee, who told them there was no-one there.

However, the bar lights were on, the room was full of smoke, and there were full glasses of beer on the bar. A search of the premises was made and a man was found hiding in the women’s toilets. He had been drinking in the bar. For the defendant, Mr R. de R. Flesher, said it was his first offence of supplying liquor since he had been licensee. SUSPENDED SENTENCE A 79-year-old pensioner who stole a 10 cent bar of chocolate from Woolworths, Ltd, on Monday afternoon, was convicted and ordered to come up for sentence within 12 months if called upon. Alfred Albert Hilary Austin pleaded guilty to the charge of theft. Detective Sergeant i Joy said the defendant had been seen to put the chocolate in his pocket and leave the shop without paying for it. He had 1 cent in his possession. WARRANT FOR ARREST A warrant for the arrest of Stuart William Fairbairn, aged 18, a rubber worker, was Issued by the Magistrate when he failed to appear on a charge of theft. He is charged with the theft of two slot car motors valued at $3.90, the property of Klddey’s Korner. Cashel Street, on March 31. PROBATION FOR ONE YEAR Irene Christine Henderson, aged 18, was placed'on probation for one year when she appeared for sentence on a charge of being aboard a ship without lawful excuse. She was fined 87 on two charges of being a minor in a public bar and of being a minor consuming liquor in a public bar. She was represented by Mr R. N. Wilkes, who said that on May 10 the defendant had gone to Lyttelton hoping to catch the afternoon ferry to Wellington. She had discovered that this did not leave until the evening and with time to fill in she had gone to the hotel. After ,being evicted from the hotel by the police she had met some sailorfriends who had Invited her on board their ship for a while. DISMISSED A charge of burglary against Sophie Hoklmate Kibblewhite, aged 30, an unemployed hostel matron, was dismissed. The defendant. who was represented by Mr R. j. Allan, pleaded not guilty. The defendant was alleged to have burgled the house of Mrs M. Nlcholl, on January 24 and stolen $25. In defence, Mr Allan submitted that the defendant had not been identified beyond reasonable doubt by two witnesses who saw a woman enter the house. PROBATION A 17-year-old girl, convicted of stealing an electric iron worth 110, was released on probation for 18 months when she appeared for sentence on a charge of theft. The Magistrate said it might be true that the offence was unpremeditated and that the accused had suddenly given way to temptation. Because the accused was expecting a child in two or three months, and because it was her first appearance before an adult court, the Magistrate ordered that publication of her name be suppressed. On a further charge of being a minor found in a bar. she was convicted and fined S 3. STOLE STOCKINGS A fine of 810 was imposed on Margaret Thelma Marshall, aged 52, on a charge of stealing a pair of stockings worth 11.25 from Woolworths, Ltd, on April 18. She pleaded guilty. Detective Sergeant Joy said the defendant had been seen by staff members to pick up the stockings and to place them in her bodice. She walked out without paying, The defendant told the Magistrate she did not really know why she had done it but was now most regretful. A request from her for suppression of name was refused. CHARGE DISMISSED A charge of driving carelessly against Clarence James McManus, aged 47, a bus driver <Mr L, M, O’Relllyl was dis-

missed. The Magistrate said there was room for a little doubt. The defendant pleaded not guilty to the charge, which was laid after he collided with the rear of another car in Wainoni Road on March 2. Failed to give way to the right: P. D. Hassall. $25 and licence cancelled for three months. Drove carelessly: G. R. Blackburn, $l5 and disqualified for three months. (Before Mr P. L. Molineaux, S.M.) RECKLESS DRIVING “It’s obvious that the defendant was using Cathedral Square as a race track.” the Magistrate said, when Murray William Clemens, aged 18, a boilermaker, appeared on a charge of reckless driving on March 2. Traffic Officer J. E. Pickett said that numerous complaints had been received from bus and taxi drivers concerning the behaviour of a youth driving a car round the Square at 5 p.m. A traffic officer, who arrived 40 minutes later, saw the defendant driving round the Godley Pldt with screeching tyres, and execute a number of four-wheel slides at various corners, and speed over three pedestrian crossings. When questioned, the defendant said he was a speedway driver and had full control at all times. Fining Clem*n« 8100, the Magistrate said he had shown a wilful disregard for the safety of other persons. Clemens was also disqualified from driving for 18 months. TRAFFIC CASES In other traffic prosecutions brought by the City Council Traffic Department, convictions were entered, costs of $5 ordered, and penalties imposed as follows: Exceeded 30 miles an hour: F. J. Odell, $10; L. I. Geddes, $lO (failed to stop at sign, 115); V. W. Stewart, $10; J.’ C. Spencer, $lO (insufficient lights. $lO, no warrant of fitness, $2); D. W. Jones, MO; K. R. Pulley, $l2: D. J. Musgrave, $8; M. B. Brown, $10: L. J. Brown. $10; S. D. Harry, $8; J. P. Birtles, $10: W. M. Casey, $2O; B. G. Clark, $2O: R. A. Cowe. $10; J. V. Cowlishaw, $l5, disqualified for three months (no licence 810): A. W. Drake, costs only: R. J. C. Fletcher, $10: L. J. Forbes, $10; E. J. Hutton, $10; P. A. Lynch, $10; W. M. Marriott, $10; F. H. Mathews, $l5; B. L.

Murray. $l5; D. J. M. Partington, M 5; K. S. Powell. $l2; R. K. Root, $10; P. T. Sheehan, $l5; A. G. L. Smith, $10; M. Tehae, $10: R. D. TUo. $3O: G. A. Vink, $10; L. R. Waby, $l5; E. I. Waites. $10; M. J. Wilson, $lO. Failed to give way: M. J. Jamieson. $2O and disqualified from driving for one month; K. N. Rudkin, $2O: M. Aramoana, $2O and disqualified for three months: W. J. H. Dean, $2O and disqualified - for six weeks; C. J. Lawrie, $2O; L. D. Woolf. $l5. Careless use of motor-vehicle: P. Bonntngton, $l5; M. Dean, $l5 (failed to stop after accident, $l5:, and disqualified for one month); M. McLean. $l5: T. Gantoi, $2O; W. L. Chatterton. $2O. disqualified for three months. Failed to stop at sign: D. Walsh, $2O; G. E. Hoffman, $l5: V. H. Wilson, $2O; P. C. Ending, $l5 and disqualified for one month; E. M. Boyd, $l5; R, N. Fawcett, $l4 (no warrant of fitness, $2); B. R. Hyde, $l4; B. D. Meechin, $2O and disqualified for one month; P. M. Verbttskt, 120. Failed to stop at sign: D. H. Hayes, 814; P. van Pelt, $l5 fexceeded 30 miles an hour, $lO, no safety helmet, $4). Failed to keep left: M. A. Wilson. $l2. Overloaded heavy traffic licence: B. W. A. Leo, $8; Stevenson Motors, Ltd, $l2 (overloaded rear axle, M 0). Overloaded rear axle: C. Williams and Sons, Ltd, $B. Opened car door. Hable to cause accident: G, E. Pilkington, M2. Insufficient lights: R. G. Lawrence, $l2; T. A. Dacombe. 810; G. S. McKinley, M2: N. A. Bremner. $10; W. L. Smith, MO. Failed to comply with lights: Murray Charles Lord, $l4: D. J. Brlttenden. $2O: L. J. Hopkins, $2O and disqualified for one month. Unsafe load: B. T. Haereroa, $2O. Failed to stop In safe distance: B. Fuimaono, $lO. Speed might have been danSerous: N. R. Taylor, $5O and isquallfled from driving for 12 months (no safety helmet. $4). No “L” sign: R. J. Baynton, $8: C. D; McVay, $B. Operated noisy vehicle: S. R. Robinson, $l3. Drove without reasonable consideration: M. B. Taylor. $l4. and disqualified for three months. Failed to comply with road markings: P. L. Graham, $6.