MAGISTRATE’S COURT Decision Reserved On Blood Sample Charge

Press, Volume CIX, Issue 32016, 17 June 1969, Page 8

MAGISTRATE’S COURT Decision Reserved On Blood Sample Charge

Decision was reserved by Mr H. J. Evans, S.M., in the Magistrate's Court yesterdayon a prosecution brought by the Police alleging that a motorist had refused to give a blood sample when required to do so.

The defendant, Kenneth William Downing, aged 25, a metallurgist (Mr B. S. McLaughlin), pleaded not guilty to the charge of refusing to give a blood sample on May 25. He told the Court he was not satisfied that the person called in by the police was a doctor, and that he had not been allowed to call his own doctor.

Senior Traffic Officer R. S. Lenz said in evidence that he checked the speed of the defendant’s car between Church Corner and the Sockburn roundabout at 60 miles an hour. The defendant stopped for his red light and siren at the roundabout entrance.

The witness said the defendant’s face was white, his eyes glassy and bloodshot. He admitted having consumed two jugs of beer. After he had prepared a breath tester and explained its use to the defendant, the defendant blew into it but nothing happened. After ‘hree more attempts had been made to inflate the bag attached to ihe phial of crystals the bag was still only about a luarter full. “1 told the defendant he had not done the test according to the regulations, and that as far as I was concerned he had failed the test,” said witness. After at first refusing to ?o to the police station with him, the defendant agreed to accompany him there. At the Central Police Station the defendant was again instructed in the use of the 'ester. He blew then gasped but no air went into the bag. Further opportunities were given him and he again inSated the bag about a quarter full.

A form of consent to the taking of a blood sample was then signed by the defendant. He then asked if he could give a third breath test and again he failed to inflate the bag to complete the test. All three tests turned the crystals green, but the level of coloration did not give a positive reading. The defendant then refused to allow Dr Mating to take a blood sample because he was not satisfied he was a doctor, said witness.

"From the time the first test was given the defendant was most unco-operative and was trying to be as difficult as he could be. He was trying to make a complete farce of the law.”

Cross - examined by Mr McLaughlin, the witness agreed it could be difficult for a mem ber of the public to follow through the steps of the test. "But I don’t think he was trying to blow it up,” he said. The witness said it was the first occasion on which he had used the breath tester on the road.

Dr P- ter Bromley Mating said be was asked to take a blood sample at the station at 12.20 a.m. He saw the defendant undergo two breath tests and he was of the opinion that the defendant was not attempting to carry them out properly.

The defendant gave the tmpressslon he could have blown more strongly. He concluded the defendant was not co-oper-ating. "I did not take a blood test. The defendant refused to accept the fact that I was a doctor unless I produced satisfactory evidence that I was,” said Dr To a question from Mr McLaughlin the witness said the defendant agreed to give a sample to his own doctor. ’•! don’t remember his being given the opportunity before his. arrest to call his own doctor.’’ The defendant said in .evidence that he blew as best he could but could not blow the bag up. The second test was as hard as the first, but the third test was easier.

He said he agreed to having a blood test. The person he was to go with for the test was in casual clothes and a windbreaker so he asked if lie could have his own doctor. This was refused. He was not satisfied the person brought in by the police was a doctor. He had heard of per-

sons taking blood tests when not qualified to do so. The defendant pleaded guilty to a charge of exceeding 30 miles an hour on May 25 and was remanded at large on the major charge until June 20. (Before Mr W. F. Brown, S.M.) MAXIMUM FINE The maximum fine of $2OO was imposed on Vernon Laurence Craw, aged 35, a driver, when he appeared for sentence on a charge of driving under the influence of drink or drugs in Sawyers Arms Road on June 2. He was ordered to pay a medical fee of $6.30 and his driver's licence was cancelled for 10 years. Mr J. B. Stringer, for the accused, said that Craw had had 10 7oz beers at a hotel over a period of one hour and a half. When he left the hotel both he and the persons with whom he had been drinking thought he was fit to drive. Craw would have to pay dearly for the offence because it was just under seven years ago that he had been convicted of a similar offence and his lie* ence would have to be can-, celled for 10 years. He worked as a driver. Craw would also have to pay for the damage to the Post Office van and the damage to his own vehicle, Mr Stringer, said. ' The Magistrate said that this was a bad case of its kind because Craw had 230 milligrams of alcohol per 100 millilitres of blood. He had been involved in an accident, the other driver having been injured and to make matters worse he had been convicted of the same offence just under seven years ago. It was obvious that Craw drank too much. GAOL TERM A sentence of one month’s imprisonment was imposed on Alfred Johp Oldham, aged 21, a freezing worker (Mr E. T. Higgins), when he appeared for sentence on a charge of failing to report at the periodic detention centre. He had been sentenced to nine months periodic detention on May 27 for false pretences, burglary and theft. On a charge of theft of a guitar, Oldham was ordered to pay costs and make restitution of 15.

Mr Higgins said Oldham had a job to go to. He submitted he could be given one last opportunity. It was the offence of ’failing to report to the detention centre which concerned him most, the Magistrate said. The centre was an alternative to prison, and it was important that all should know that a person who was ordered to report to the centre and did not do so would be sent to prison. ,

INTOXICATED DRIVER John Crawford, aged 30, a sawmill worker (Mr P. G. S. Penlington), pleaded guilty to a charge of driving under tne influence of drink or drugs in Morrison Avenue on May 31, and was convicted and fined slsu and disqualified from driving for three years. Detective Sergeant Preston said a traffic officer was called to an accident in which a car driven by Crawford had hit a parked car. Crawford refused to take a breath test but at the police station gave a positive test. A blood test showed 275 milligrams of alcohol per 100 millilitres of blood. “You have come close to imprisonment. The blood test shows you were grossly intoxicated/* the Magistrate said. STOWED AWAY Christine Louise Devery, aged 20, a waitress (Mr W. A. Wilson), pleaded guilty to a charge of stowing away in the motor vessel Port Melbourne at Auckland on June 4 and was convicted and remanded on bail to June 24. Devery had hidden in the crew quarters, was found and was placed in custody until the ship reached Lyttelton, the Court was told. DETENTION CENTRE Robert John Lewis, aged 20, was sent to a detention centre when he appeared for sentence on charges of failing to report at the periodic detention centre, unlawfully taking a station waggon valued at $2400, the property of Reginald James Skelton, al Nelson, and stealing four gallons of petrol valued at $5, the property of Raymond Phillip Perkins, at Westport. The Magistrate said that Lewis had a number of previous convictions. In September he had been released on probation on a charge of false pretences; in October he had been convicted of using obscene language; in December he was ’ placed on probation for unlawfully taking cars and unlawfully getting into a vehicle; and in May he was sentenced to six months at the periodic detention .centre on charges of theft and forgery. It was obvious that he had not taken the Court’s sentences seriously. SEVEN-YEAR-OLD OFFENCE Pleading guilty to a charge of obtaining $2O by false pretences on July 7, 1962. Ralph Henry Robert Bailey, aged 32, a painter, was convicted and fined $5O and ordered to make restitution of $2O. Bailey had obtained some furniture on hire-purchase seven years ago and had sold it before it was paid for and before he left for Australia, the Court was told. The furniture was later repossessed.

Mr L. M. O’Reilly said Bailey had kept out of trouble, and was now married, with a child. DISQUALIFIED DRIVER Alexander Richard Reynolds, aged 18, a timber worker, pleaded guilty to a charge of riding a motor-cycle in Langdons Road while disqualified on June 13, and was convicted and remanded on bail to June 24.

Detective Sergeant Preston said Reynolds had been seen by a police constable, and said he was riding the motor-cycle to charge the battery. He had been disqualified for three years on October 6,. 1966. REMANDED Frederick Llewelyn Williams, aged 19, unemployed, was remanded on bail to July 28 for sentence dn charges of using obscene language in Cathedral Square and escaping from the custody of Constable G. W. Stock on June 8, so that his behaviour can be judged in the meantime The Magistrate said that on May 26 Williams had appeared before Mr Crutchley for sentence on a charge of being idle and disorderly. The probation officer had recommended that sentence be adjourned for two months as Williams had not long been released from Borstal and was unsettled. He had responded quite well while in Borstal. It was significant that he had enrolled for a training course. GUILTY PLEA A university student had appeared to be showing off to his friends during an incident In the city on June 14, Detective Sergeant Preston said. Robert John Cleland Gray, aged 20, pleaded guilty to a charge of obstructing Constable Allan Felix Leslie, in the execution of his duty, and was remanded on bail to June 20. The Magistrate reserved the question of conviction and told Gray he would be wise to seek lega’ representation. Detective Sergeant Preston said that when police went to a house to arrest an assailant, youths and girls ran about the road outside and threw bottles. They were asked to leave the road but Gray who had been drinking, refused to do so. He was taken to the pavement but returned to the middle of the road He aooeared to be showing off to his friends. The Magistrate said the incident differed from the usual case of obstruction. STOLE JERSEY James Pani Herekiuha. aged 22. a carpenter, was convicted! and remanded on bail to June 24. for sentence on a charge of stealing a Jersey worth $10.50 from Vance Vivian. Ltd. on June 13. He pleaded guilty. The defendant entered the store with his suit coat over his shoulder, said Detective

Sergeant Preston. He was seen to take a jersey off a stand, put it under his coat and leave the store without attempting to pay for it. He was apprehended outside the store. ONE CHARGE DENIED Ronald Graeme Tamati, aged 17, a forestry worker, was convicted and remanded on bail to July 2 for sentence on a charge of assaulting Paul Gerard Doublett and a charge of resisting Sergeant W. R. Mahoney on June 14. He pleaded guilty to both charges. On a charge of assaulting Anthony John Bathurst, to which he pleaded not guilty, ramali was remanded to the same date for a hearing. The Magistrate said the facts on the two charges which Tamati admitted should be given on July 2. FINED $3O On a charge of careless use of a vehicle in Greers Road on April 6. Derrick Dunbar Martin. aged 19, an apprentice carpenter (Mr I. J. D. Hall), was convicted and fined $3O and disqualified from driving for three months. On a charge of using obscene language Martin was fined $5. He pleaded guilty to both charges. The complainant was standing oh the side of Greers Road talking to two other people when he looked up and saw a car driven by the defendant coming towards them, said Detective Sergeant Preston. They jumped clear and' Martin hit the complainant's car. Martin stopped, further along the road, and when the complainant was taking his number he used the language comFilained of and drove off. He ater told the police that he had not seen the complainant’s car before hitting it. TOOK CAR Charged with unlawfully taking a car belonging to P. K. Whitnail on June 7, William Richard Page Baker, aged 18, a moulder’s labourer (Mr J. M. Wilson), and Nigel Arthur Williams, aged 18, an apprentice wicker worker (Mr G. R. Lascelles). were remanded on bail. Both youths pleaded guilty. At 3.40 p.m. on June 7 a police patrol on Marshland Road saw the defendants in a car which had been reported missing by the owner, said Detective Sergeant Preston. The defendants were stopped and they said they had walked from Rangiora. They were tired when they got to Marshland Road, and when they saw a car with the keys in the ignition they took it. PROBATION, FINE Probation for one year and a fine of $5O were imposed on Ronald Waddel, aged 19. a cook, when he appeared for sentence

on a charge of burglary of the premises of Shepherd and Kine, Ltd, Falsgrave Street, on June ! tt. The Magistrate said Waddel *as a first offender. He had been to a wedding party and had drunk a considerable quantity of liquor, including champagne. The offence was an isolated, impulsive act. and a reasonably good report had been obtained. FINED $5O Appearing for sentence on a charge of stealing a bag of coke worth $1 at Lyttelton on June 8, Peter Michael Williams, aged 21. a window cleaner, was fined $5O. PROBATION Appearing for sentence on three charges of assault and one of being found without lawful excuse in a closed vard, Paul Graeme Smith, aged 17 <Mr G. T. Mahon), was placed on probation for two years on each charge. He was ordered to take psychiatric treatment, live and work where directed, and make restitution as directed up to a sum of $17.84. There was little that could be said in mitigation. Mr Mahon said, but he did seem to be in need of psychiatric treatment. He had been one of a group tn the offences. He had agreed to undertake voluntary in-patient treatment and Borstal training would not be appropriate, Mr Mahon said “You are either a very violent young man or someone who badly needs treatment in a osychlatric Institution,’’ the Magistrate .told Smith. “If you do not co-operate only Borstal lies ahead of you.” WARRANT ISSUED A warrant was issued for the arrest of Brian Kevin Smith, aged 21. a wool-store worker, when he failed to appear on two charges of driving while disqualified and two of burglary. It was certified that he , had not acted as required by his bail bond. Smith was on bail of $l5O with a similar surety. MINOR IN BAR On a charge of being a minor found in a bar. Warren Michael Benson, aged 19, was fined $lO. (Before Mr E S. J. Crutchley. S.M.) THEFT CHARGE A woman, whose name was suppressed, was discharged without conviction under section 42 of the Criminal Justice Act when she appeared for sentence on a charge of theft of $33.28 at Edgecumbe on December 28. 1967. She was ordered to make restitution of the amount taken ! while under the supervision of a probation officer.