MAGISTRATES'S COURT Man Defrauded Social Security Department Of $581

Press, Volume CIX, Issue 32019, 20 June 1969, Page 6

MAGISTRATES'S COURT Man Defrauded Social Security Department Of $581

Because he had debts for his car, television set, washing machine, electricity and other items a man had defrauded the Social Security Department of $581.60 over a period of six months, Mr W. F. Brown, S.M., was told in the Magistrate’s Court yesterday. The man, who was granted interim suppression of his name, pleaded guilty to a charge of unlawfully misleading an officer of the Social Security Department so that he obtained $581.60 to which he was not entitled. Mr 1. J. D. Hall appeared for the accused, who was remanded on bail to June 26 for sentence.

Sergeant V. F. Townshend said that on September 4, 1967, the accused was granted an emergency benefit of $2B a week and a supplementary benefit of $6.50 a week by the Social Security Department. He was told that if he got employment he had to advise the department* On December 4 the accused produced a doctor’s certificate which

stated that he was unable to work. In March of this year a complaint was received by the police from the Social Security Department that the accused had started work on June 10, 1968, and had not advised the department. He had received $581.60 in benefits from June 10, 1968, to December 13, 1968. When the accused was interviewed by a detective he frankly admitted not notifying the department that he was working because of financial troubles. He said that he was required to notify the department that be had commenced work as it was printed on every warrant, Sergeant Townshend said. _ CAUSED INJURY "This offence is an extremely bad one of Its kind.” the Magistrate said when convicting John Greenwood Bayley, aged 21, a student, on a charge of careless driving causing bodily injury on March 28. “I don't accept the explan atlon given by the defendant that his speed was as low as 30 miles an hour." he said. "All the circumstances indicate speed and a gross lack of control. It seems incredible that the car could not have been stopped before it was.” The defendant (Mr L. M. O’Reilly) was fined *6O and disqualified from driving for nine months.

Sergeant V. F. Townshend said the defendant was driving east in Blenheim Road about 8.13 p.m. when his car veered to the right, mounted the median strip, traversed the incorrect side of the road and mounted the footpath on the south side ot the road. The defendant's car then struck the complainant, Frederick George Thompson, as he was bending over his letter box The car then demolished a length of fence at 141 Blenheim Road, broke down a small tree, and came to rest on the lawn of number 139.

Sergeant Townshend said the complainant was then found be neath the defendant's car where he had either been thrown or dragged a distance of 28 feel. He had suffered a fractured ankle and lacerations of the head and arms.

"The defendant had a strong smell of liquor on his breath but would not admit that he had been drinking. He refused to discuss the incident with the police. He said any information should be obtained by the police, not supplied by him. "When he was Interviewed a few days later he still refused to discuss the matter.”

Mr O'Reilly said the defendant's speed was no more than about 30 miles an hour when a car travelling tn front stopped suddenly. He veered sharply to his right and the car went out of control. "The startling consequences which followed stemmed from that initial lack of control." he said. "The defendant was badly shaken and did not mean to be un co-operative with the police.” ASSAULT

A man, alleged to have jabbed a wax candle into the eye of another person was convicted on a charge of assault and remanded on bail to June 26 for sentence. The defendant. Norman Lewis Archbold, aged 44, a roadworks foreman (Mr M. J. Glue), pleaded guilty to assaulting Cecil Herbart Halligan, aged 33. on May 18. Sergeant Townshend said the defendant Invited the complainant home for tea on May 17 after meeting him in a hotel. About 12.13 a.m. the defendant and his wife had an argument in which the complainant intervened.

The defendant picked up a wax candle which he jabbed into the complainant’s right eye. The complainant lost consciousness and was taken by ambulance to hospital. Mr Glue said the word "jabbed” was a stronger description than what actually happened. The defendant had a great problem with liquor but was highly regarded by his employer.

WARRANT ISSUED A Bench warrant was Issued for the arrest of Peter John Gibson, aged 21. a builders’ labourer, when he failed to appear on two charges of assault and charges of escaping from custody, resisting a constable and wilful damage on May 31. Senior-Sergeant F. G. Mulcare said the defendant had failed to report on bail on Wednesday night and was no longer at his place of residence. OBSCENE LANGUAGE Margaret Josephine Williams, aged 21, a presser, was convicted and fined *3O on a charge of using obscene language in Cashel Street on June 11. She pleaded guilty.

RECALLED John Lindsay White, aged 18, a brush hand, was recalled to Borstal on the application of the probation service when be appeared for sentence on a charge of failing to report while on probation. The probation officer said the defendant had been released from Borstal on a probationary licence on January 14. Since then he had been convicted of tour more offences. <3O FOR ASSAULT

"It Is obvious that you suffered quite a deal of provoca-

tion. but what is bad is that this man was drunk at the time. You have no right to take the law into your own hands," the Magistrate told Kenneth Hokianga, aged 22, a rubbish truck hand, who appeared on a charge of assaulting Russell Lawrence Hair. Mr D. M. Palmer said the complainant seemed to have a reputation for being of considerable nuisance value. Although barred from the hotel in which the assault took place, he was there without the proprietor’s knowledge. He persisted in trying to join a card game and was told repeatedly to leave. Hokianga was fined $3O, the Magistrate saying the offence was out of character. MISCELLANEOUS CASES Miscellaneous prosecutions resulted in convictions, imposition of $5 Court costs, and penalties as follows: Careless use of motor vehicle: 1. G. Kumbaroff, $3O and licence cancelled for two months from June 20. Minor drank liquor in a public place: Mark Valentine Watkins, aged 18, $l2. (Before Mr P. L. Molineaux, S.M. NEGLECTED ANIMALS A fine of $75 was imposed on Keith Brown, a farmer, of Old West Coast Road. West Melton, when he was convicted on a charge of neglecting animals to cause suffering or distress on April 30. A plea of guilty was entered by Mr H. W. Thompson. The charge was brought by the S.P.C.A., represented by Mr D. A. Oldham. Mr Oldham said two police constables visited the property on May 30. They found a dead calf and a herd of calves suffering from malnutrition. There were 200 sheep in a pen in bad health and a sick calf was with them. Two of the sheep were dead. Twenty.seven pigs were also on the property. The whole farm was suffering from drought conditions and was overstocked. The animals had no water and practically no food. A constable returned the next day with an S.P.C.A. inspector and a veterinarian, said Mr Oldham. There was still no waler and the veterinarian found that most of the animals were suffering frum malnutrition and had been for about three weeks.

A neighbouring poultry farmer said the defendant had asked him to look after the animals while he was away. The hay supplied was poor quality and not sufficient on its own to support the animals, and the power supply had failed which prevented water being supplied. Mr Oldham said the S.P.C.A. accepted that the defendant had made some attempt to have the stock attended to, but that he had not done enough. A heavy penalty was not asked for as the prosecution would result tn the publicity the society desired.

Mr Thompson said the defendant had been in the broiler chicken business. The business, failed and the defendant was! left with a lot of expensive buildings. He took on another job which involved a lot of travelling. The Magistrate said the arrangements the defendant made! were quite inadequate. A large) amount of slock had been involved and left in a dreadful I state. ASSAULT Charged with assaulting Jack Laws on May 7. William Ter rente Rice, aged 23, a salesman, and Gary John Robinson, aged 24. a clerk (Mr L. M. O Reilly). were each convicted and fined $2O. They pleaded guilty. Sergeant Mplcare said the defendants had been drinking in the Imperial Hotel. When they were leaving the toilet a fight with the complainant developed and he suffered a bruised face, cut lips and a bleeding nose. Mr O’Reilly said the defendants had been drinking \vith a friend who was to be married at the week-end. He said the complainant advanced towards Robinson, pushed him aside, and threw Rice against a cigarette vending machine. He asked for suppression of name. The Magistrate said he was not impressed by the circumstances of the assault. The defendants could have taken steps to avoid the complainant who was quite badly hurt. The defendants were old enough to know how to behave better and there would be no suppression of name. FINED $75 Appearing for sentence on a charge of depositing dangerous litter in Worcester Street on February 21. Allan David Riley, aged 17, an apprentice mechanic (Mr R. N. Wilkes), was fined 175. The Magistrate said the action was a highly dangerous one as bottles could shatter with the possibility of injuring someone. Riley's record was not bad enough to warrant any form of detention for this offence. DISORDERLY BEHAVIOUR David Charles Jones, aged 17, an apprentice butcher (Mr M. G. L. Loughnan), appearing for sentence on a charge of behaving in a disorderly manner in New Regent Street on February 21, was fined $l5. Mr Loughnan said Jones was upset by bottles being thrown at his car and damaging it. He appreciated the seriousness of the offence. The Magistrate said the probation officer s report indicated that Jones was quite well behaved in other respects. CONVICTION SET ASIDE Because Richard Allan Powell, aged 18, an automotive engineer

(Mr G. R. Lascelles), had not been given the opportunity to elect trial by jury at a hearing last week, the conviction was set aside when he appeared for sentence yesterday. He was recharged with possession an offensive weapon, a bolo, on February 21, and he elected trial by jury. He was remanded on bail to July 16 for depositions to be taken. CHARGE DENIED Toko Lance Temoana, aged 22. a builder's labourer (Mr K. N. Hampton), was convicted and remanded on bail to June 24 for sentence on a charge of burglary on May 15. He pleaded not guilty. The Magistrate said there were discrepencies in Temoana’s story which made his evidence suspect. He was found with stolen property and his account of how he came to have it was most unsatisfactory. The evidence showed that he was involved in the burglary "up to the hilt." MISCELLANEOUS CASES Tn miscellaneous cases brought by Government departments and local bodies convictions were entered and fines imSosed as follows, costs of $5 eing allowed as well as $6.30 solicitor’s fees in each case brought by the Post Office: No television licence: J. W. Barnes. $l5: B. M. Barnett, $10; K. Berg. $2O: H. E. Cameron. $l5; V. H. Cant, $l5: N. Carter, $l5; R. W. Ellis, $l5: C. Groves. $l5: M. F. Hargreaves. $l5: R. G. Hauschild. $8: N. M Hodgson. $l5; K. L. Hooper. $l5: J. E. Hokpins, $l5; D. H. Johnston. $l5: P. M. Johnson. $l5; K. C. King, $3O: E. Kovesy, $l5: P. A. McDonald. $l5: J. F. McDowell. $l5; B. A. Newell. $l5 (no radio licence. $20): G. J. Parker, $l5; J. W. Pearson. $10: G. Reeves. $l5: D. J. Reid, $l5; H. Robson. $l5; J. A. Smith, $l5; F. T. Spence, $l5; E. Tansey, $l5; V. J. Thompson, $10; J. Whaltiri. $10: R. B. Williams. $lO. No radio licence: C. Bryant.’ $6; R. T. Capon, $4; P. Collins. $6: J. Lilley, $10: J. T. Peterson. $6; B. T Robinson, $10; N. A. Senior. $6: J. B. Slater Smith. $6: C. P. Tait. $4; D. K. Tremberth, $6; L. N. Triggs, $6; V. A. Tuane, $10: A. Webster. $6: C. J. A. Williams. $6: G. F. Williams. $6; P. Young. $4; T. Young, $6. Failed to close shop: Hillvue Food Market. $B. Failed to show true weight: Self Help Co-operative. Ltd. three charges, $6 on one and costs. Failed to clear weeds: Bruce Gibson. $B. Drove carelessly: W. C. Mitchell. $l5 (witnesses’ expenses, $15.10). (Before Mr E. S. J. Crutchley, S.M.) REMANDED William Bernard Bennett, aged 28. a factory worker (Mr D. M. Palmer), was remanded at large until today when he appeared for sentence on a charge of burglary of the shop of Jack Todd Butchery. 97 North Road, on May 21. so that an investigation can be made to see if Bennett was under the influence of liquor when he committed the offence. (Before Mr K. H J. Headifen. S.M.) WARRANT ISSUED A Bench warrant was issued for the arrest of Charles Hikana I Barrett, who failed to appear jon a charge of driving while (disqualified. "A summons was served on the day of the offence.” said Sergeant H. J. McMorran. !"He is no stranger to these Courts, and knows he should be here." DISQUALIFIED DRIVING Alan Edward Olliver was convicted and remanded on bail to June 26 for a probation report and sentence when he appeared on charges of driving while disqualified, obstructing a traffic officer and exceeding 30 miles an hour. Traffic Sergeant McMorran said that Olliver had been stopped while driving at 45 miles an hour in Marine Parade. He had given a false name and address, and later produced a driver’s licence belonging to an acquaintance. U r hen the acquaintance received a summons for the offence, inquiries were made which resulted in Olliver’s appearance. He had been disqualified some months before. Gary Stephen Jemison was also remanded to June 26 for a probation report and sentence when he appeared on a charge of driving while disqualified on June 6. He was stopped in Harewood Road by a traffic officer, to whom he gave an incorrect name and address, but changed his mind when the officer checked by radio. Sergeant McMorran said. FAILED TO GIVE WAY Helen Catherine Thomas was fined $l5 when she pleaded guilty by letter to a charge of failing to give way to the right when turning at traffic lights. The charge arose from a collision on February 26 when she was turning right at the Bealey Avenue-Victoria Street traffic lights. CHARGE DISMISSED A charge against Richard Clyde Harvey was dismissed. He was charged with having driven through a compulsory stop at the intersection of Avonside Drive and Gloucester Street on February 15. CARELESS USE John Douglas Hickling was fined $l5 on a charge of careless use of a car. "This is simply a case where a person has driven into Cathedral Square from the north, and failed to see a vehicle on his right,” the Magistrate said. "There was no collision, but a traffic patrol car had had to brake sharply.”