MAGISTRATE’S COURT Man Sent To Prison For Eleven Months For House Burglary

Press, Volume CIX, Issue 32118, 14 October 1969, Page 13

MAGISTRATE’S COURT Man Sent To Prison For Eleven Months For House Burglary

r Lex Terry Kanohi, aged 24, ; a driver, was sent to prison . for 11 months when he ap- , peared before Mr E. S. J. Crutchley, S.M., in the Magis- ' trate's Court yesterday for , sentence On a charge of burg- . lary of the house of Eileen . Tewnion at 372 Yaldhurst , Road on September 8. , Mr M. G. L. Loughnan, for ’ the accused, said that it seemed that the death of Kanohi’s mother had meant a great deal to him. It was at that time his offending started to get serious. He had been sent to a detention centre and Borstal. Counsel had been instructed to ask for a suspended sentence to be imposed. , “You have a wicked list of convictions for a person of • 24 and have spent almost ■ eight years in institutions be- , cause of your offending,” the Magistrate said. “You have ’ got a good intelligence but , persist in offending. Burglary ; of a house is a serious offence : and you stole a substantial sum of money.” Kanohi was ordered to make restitution of $385 and his term of imprisonment is to be followed by a year’s probation. On the application of Detective Sergeant E. J. Stackhouse an order was made that the $3O found in Kanohi’s posses- ■ sion when he was arrested be paid towards restitution. DETENTION CENTRE Stuart James Wilson, aged 21, unemployed, was ordered to attend the adult periodic detention centre for nine months when he appeared for sentence on a charge ot unlawfully taking a car valued at $l2OO, the property of i Douglas Haigh Pohio, on June 28. He was also ordered to make restitution of $175 and his driver’s licence was cancelled for two years. On charges of failing to give way to the right and careless use of a car in Ferry Road on June 28 Wilson was fined a total of $2O. The Magistrate said that Wilson had been sent to Borstal and prison. He had bad a number of convictions for unlawfully taking cars. This was a more serious offence of unlawfully taking a car than usual because it had been committed while Wilson was i at the pre-release hostel. He I had had too much to drink, took a car and had been involved in two collisions. FINED Sl3O William Franklyn Tomlinson, aged 37. a rubber worker, was fined SI2O and disqualified from driving for three years on a charge of driving in Ferry Road on September S with a bloodalcohol concentration exceeding 100 milligrams per 100 millilitres of blood. He pleaded guilty to the charge. On a further charge, to which SU‘^S a :« ,ty ve« Ferry Ro*d on the same day. TomMnson wan convicted and fined $lO. Senior -Sergeant F. G. Mulcare said that about 7.45 p.m, on September Y>, Tomlinson struck a parked car in Dyers Road, as he made a turn from Ferry Road into Dyers Road. Extensive damage was caused to both cars. When' interviewed by the police, Tomlinson said that the accident waS his fault. Two breath tests proved positive and after a blood 1 sample had been taken he was found to have a bloodalcohol concentration of 310 milligrams per 100 millilitres of blood. DROVE UNDER INFLUENCE For driving in Colombo Street on October 11 while under the influence of drink or drug, John Becker, aged 17. a shepherd (Mr G. R. Lascelles) was convicted and fined $lOO and disqualified from driving for three years. He pleaded guilty to the charge. Senior-Sergeant Mulcare said that about 7.40 p.m. on October 11, Becker drove through the red light at the intersection of Colombo and Armagh Streets, and almost collided with a car

in Armagh Street. AU other traffic travailing from eaat to west was also forced to stop. When he was interviewed by the petice Becker's speech was slurred and he was unsteady on his feet. He said that he had been drinking beer, but did not know how much he had had. INDECENT ASSAULT A man whose name was suppressed (Mr D. M. Palmer) was convicted and remanded on ball to October 20 for a probation officer’s report and Sentence on three charges of Indecent assault of a girl, then aged 12 years, between April 4 and June 8. He pleaded guilty to each charge. . Senior-Sergeant Mulcare > said that the man was a friend of the girl’s family and visited her house on several occasions. As a result of the incident, however, he had undergone much mental strain and had showed that he was very concerned about it. ASSAULTED WIFE Pleading guilty to a charge of assaulting Colleen Teresa Howse on October 10, Brian Howse. aged 36. a lineman, was convicted and fined $3O. Senior-Sergeant Mulcare said that about 10.30 p.m. on October 10. the police were called to a domestic dispute. They arrived to, find the defendant's wife In a distressed state in the kitchen with blood over her face and nose. Howse admitted the assault and said that he had lost his temper after an argument.

DISORDERLY MANNER For behaving in a disorderly manner in Pages Road, on October 10, Paul Donald Pullan, aged 20, a steel labourer, was convicted and fined $2O. He pleaded guilty to the charge. Senior-Sergeant Mulcare said that about 9.50 p.m. on October 10. Pullan was with a group of youths, some of whom were involved in a fight, )n Pages Road. As the police approached Pullan and several other youths ran to a nearby car and got in, but there was no room for Pullan so he rode on the running board. After a short distance he jumped oil and was stopped and arrested.

BREAKING AND ENTERING David John McCormick, aged 34. a workman was convicted and remanded on bail to October 20 for a probation officer's report and sentence when he appeared on two charges of breaking and entering. He pleaded guilty to each charge. Senior-Sergeant Mulcare said that between 5 a.m. and 6.30 a m. on August 14. McCormick broke Into McKillops Sports .Supplies, Ltd, 6 Seaview Road, through the front door of the shop and stole golfing equipment worth $601.70. With him

Was a 17-year-old youth. On August 18 he broke into the property of H. M. Madigan, 560 Colombo Street by breaking a glass panel in the front door. He had filled a rubbish tin with cigarettes and tobacco when the police arrived. Damage w'orth $3O was caused.

THEFT ADMITTED Pleading guilty' to three charges of theft. Martin Donald Steele, aged 19, a carpenter (Mr G. D. Turner) was convicted and remanded on bail to October 20 for a probation officer’s report and sentence. Senior-Sergeant Mulcare said that on September 9 the police received a complaint that a jet boat and trailer valued at $l6OO had been stolen from a yard at Sockburn.

When interviewed by the police on September 12. Sieele at first denied any knowledge of the theft, but later admitted it. He said that he had stolen the boat and trailer, put the boat in a garage he hired and towed the trailer home, and repainted it. He Intended to reregister the trailer and install a motor in the boat.

After his fiat had been searched by the police. 12 sticks of gelignite and a box of detonators and two fuses worth a total of $4O were also found. These had also been stolen, said Senior-Sergeant Mulcare.

A further search revealed that Steele also had in his possession a trailer valued at $139.65 stolen on or about April 5. Steele had repainted the trailer. OBSCENE LANGUAGE

Two men who used obscene language in a railway carriage on the Invercargill-Lyttelton express on October 11 were each fined $6O. Patrick Denis Sumner, aged 25. a bakehouse hand, and Laurence lan Geddis, aged 22. a driver, each pleaded guilty to charges of using obscene language. A third man. Bussell William Todd, aged 24. a driver, pleaded not guilty to a similar charge and was remanded on bail to November 3 for a fixture.

Senior-Sergeant Mulcare said the defendants bad been caught drinking on the train after it passed Dunedin and a boule was confiscated. A constable boarded the train for a short time and warned them about their general behaviour. After he left the defendants began a loud conversation using the obscene language comglained of. This could be heard y the 18 passengers in the carriage, including women and children. . The train made an unscheduled stop .at Bolleston where it was boarded by police from Christchurch. ' Inquiries were made and the defendants arrested.

In Court both defendants said they were sorry tor using the language but said they did not think anyone could hear them. “This was disgraceful language, especially In the presence of women and children,” said the Magistrate. ASSAULTED WOMAN

Walter Thomas Hewitt, aged 43. a carpenter, was convicted and remanded on ball to October 20 for a probation report and sentence on. a charge of assaulting a female. He pleaded guilty to the, charge. Senior-Sergeant Mulcare Jsgid that about 11.20 p.m. on October 10 the accused went to the complainant’s home. He demanded to know where Ms wife and children were and when she raid she did not know he broke a door window. He then assaulted her and tried to choke her but the’complainant escaped when ha slipped. Neighbours called the police, who found her in a very distressed state and she was taken to hospital. There she was treated and discharged

For the accused, Mr W. A. Wilson said It did appear to be a serious and unprovoked attack but the complainant bad been spending a lot of time with the accused’s wife and family. The complainant had not been injured and in fact an ambulance had been called for the accused because of bad gashes suffered when he broke the door window with his hands. There had been nothing' sinister In his actions. He had not tried to choke her but had placed both hands on her shoulders on either side of her neck and this might have given her the impression she was about to be choked. REMANDED Garry Ernest Gerrand. aged 23, unemployed, was remanded on ball to October 16 for a medical report to see if he is fit to be sent to the adult periodic detention centre when he appeared for sentence on a charge of breaking and entering Carthy Motors. Ltd. on September 21. Mr J. E. Butter, for the accused. said that it was difficult to understand why Gerrand had started to offend again after a period of seven years. He was married with three children and it appeared that his marriage might be at an end. TWO CHARGES Charged with resisting a constable in the execution of his duty and. wilfully damaging a police tie. Eddie Foote, aged 21. a labourer, was convicted and remanded to this afternoon for a probation report and sentence. He pleaded guilty to both charges. Senior-Sergeant Mulcare said that on October 4 the police had stopped a car which had been reported to have been taken unlawfully. When arrested on a charge of unlawfully taking the car, the accused refused to move and in a subsequent struggle the constable’s tie was torn

The accused later admitted he was a disqualified driver and he would be appearing for sentence on this charge today also. OBSTRUCTED CONSTABLE

A fine of $4O was imposed on John Morgan Hokianga. aged 23. a labourer, on a charge of obstructing a constable in the execution of his duty on October 11. Hokianga pleaded guilty. The police were called to a disturbance at the Aranui Motor Inn at 10.20 p.m. said Senior-Sergeant Mulcare. A friend of Hokianga's was arrested and the defendant began arguing with the police. He was told to move away at least six times but did not do so. When his friend was put in the police car he also got in and refused to leave. He had been drinking. Loyalty to a friend was very good but the defendant did not show the full and proper respect every citizen should for the police, said the Magistrate.

THEFT CHARGE Charged with stealing a binocular, a rug. and a torch, worth a total of $74.50. Laurence John Mitchell, aged 18, unemployed, was convicted and remanded to

October 20 tor • probation report -and sentence. He pleaded guilty to stealing the items on September 3. The , accused had admitted stealing the articlee, the property of P. B. Newman, from a car parked in the complainant’a Sarage, raid Sentor-Sergeont lulcare. He said he had gone on to the property to relieve himself and decided to eteal the articles. DISQUALIFIED DRIVER Peter Kira Hemopo, aged 32. a welder, waa remanded on bat! to October 20 for probation report and sentence on a charge of ..driving while disqualified. He pleaded guilty. Senior-Sergeant Mulcare raid the defendant had driven a car home from a party along Retreat Road on October 11. TRAFFIC CHARGES In other prosecutions brought by the police, convictions were entered and penalties imposed as follows, with Court costs, $5. on each charge.—. Careless use: Rlehard Stenson Whitmarsh. $25: Frederick John Thomas Pluck. $2O. Failed to give way: Ernest Edward Newton. $25; Jerry Keren Marriner. $2O. (Before Mr K. H. J. Headlfen. S.M.) $2O FINE FOR THEFT Marilyn Faye Mclnnes. aged 18. a factory hand, was fined $2O and ordered to pay $l2 restitution when she was convicted on a charge of stealing two double blankets and a pair of {andals. worth a total of $2B, rom Miss V. J. Washer, on or about May 11. She had pleaded not guilty and was represented by Mr W. A. Wilson. The Magistrate said the defendant and another girl had taken the property when they left a flat they had been sharing with the complainant. Each sought to blame the other but were parties to the .offence. The other girl had already been dealt with, he said For rhe defendant, Mr Wilson said the offence wasi more Irresponsible than criminal. FINED. DISQUALIFIED

A fine of $6O and disqualification from driving for 12 months were imposed on Geoffrey Michael Whelan, aged 24, a carpenter on a charge of having an excessive blood-alcbhol concentration. He pleaded guilty to the charge, laid after he was stopped in Oxford Terrace on August 12. On a further charge of falling to give way, the defendant pleaded not guilty but was convicted and ordered to pay $5 court costs. He was represented by Mr J. M. Wilson. (Before Mr P. L. Molineaux, S.M.) CHARGE AMENDED

The Magistrate amended • Charge of driving In a manner which might have been dangerous to one of careless use of a vehicle after bearing the evidence against Layton James Brvce. aged 17. a mechanic. He pleaded not guilty and was represented by Mr R. L. Kerr. Evidence was given that a police patrol in Papanui Road had seen Bryce rifle a powercycle across a pedestrian crossing from the Pest Office, ride along the footpath, exchange words with some vouths, and enter the Main North Road by rounding the traffic roundabout in the wrong direction. In evidence, the defendant said he had ridden on to the footpath to speak to a youth. There were no others about and no traffic. His course round the roundabout was protected by give-way signs. Mr Kerr also submitted that there appeared to be no regulation enforcing obedience of roundabout road markings. After the Magistrate amended the charge. Bryce pleaded gulttv and was fined $l4. with three' months disqualification from driving. On a second charge, of driving without an appropriate licence, he was fined $8 DROVE WHILE DISQUALIFIED Gavin Edgar William Kinsman. aged 40. unemployed, was remanded on bail to October 23 for a probation officer’s report and sentence when he appeared on a charge of driving while disqualified. He was represented by Sir R. J. Allan.