MAGISTRATES COURT Disqualified Driver Sentenced To Four Months Gaol

Press, Volume CIX, Issue 32119, 15 October 1969, Page 11

MAGISTRATES COURT Disqualified Driver Sentenced To Four Months Gaol

Eddie Foote, aged 21, a builder’s labourer, was sent to prison for four months when he appeared before Mr E. S. J. Crutchley, SJI., in the Magistrate’s Court for sentence on a charge of driving while disqualified in Cathedral Square on October 4. The term of imprisonment Is to be followed by a year’s probation and Foote was ordered to live and work where directed and ids driver's licence was cancelled for a further year. Foote was convicted and discharged on charges of resisting Constable A. T. Turnbull in the execution of his duty and wilfully damaging a police tie to the value of 63c. Mr W. A. Wilson, for the accused, said that Foote bad been drinking and he had become indignant when arrested on a charge of unlawfully taking a car which he said had been lent to him to go to Cathedral Square to obtain food. This was his fourth appearance for driving while disqualified. He had a chip cm his shoulder and this had caused him to defy authority. He was a lonely, isolated person who had spent 10 days in custody since his arrest The Magistrate said that Foote had been fined 3100, sent to prison and periodic detention for driving while disqualified. He had also been given three months imprisonment for failing to report to the detention centre. His early background had been very unsettled, and it was to his credit that he had been involved in no real dishonesty. “You have got to realise that society is not against you but that you are against society,” the Magistrate said. NATIONAL PARK BREACH

Two young men were each fined a total of $l7 on charges of shooting a deer in the Arthur’s Pass National Park without the authority of the park board and of being In possession of a firearm in a national park without authority. They are Barry Joseph Easton, aged 19, a leather worker, and Garry Douglas Frost, aged 21. a carpenter. They pleaded guilty to the charges. Sergeant J. D. Burrell said that on February 15 the complainant and his brother went to the Arthur’s Pass National Park with a permit to shoot deer. While walking to the Andrews bivouac through Halleluiah Flat they found three persons. Including the two defendants. camped on the fiat. The defendants were told that the complainant and his brother intended to shoot in the area and they refused to shift camp. As the complainant and his brother considered that there might have been a duplication of permits for the area they moved further up to the Andrews bivouac so that they would not be in the way of the defendants’ party. Later the same evening the complainant and his brother heard a number of shots being fired in the Hallelujah Flat area. Sergeant Burrell said. About 8 a.m. the following day the complainant and his brother were walking through the Hallelujah Flat towards the road when they saw two deer carcases and a rifle leaning against one of them at the defendants’ camp site. Frost said they had shot two deer and were going to carry them down the river to their car. On returning to Christchurch the complainant made inquiries at the National Park Board and was told that his was the only permit issued for the Andrews Stream that week-end. Frost said that be had been shooting for about 11 years and on every other occasion he had obtained a permit. Easton said that the arrangements for the shooting trip had been made at the last moment. They had intended to go through the park area and shoot outside it but the weather had deteriorated. It was important that permits be obtained because If there were a number of shooters in the same area it could be very dangerous, the Magistrate said. STOLE COPPER WIRE Charged with stealing 6001 b of scrap copper wire worth 5210 from Rolmet Ingot Company, Ltd. Malcolm Robert Kinnaird, aged 47. unemployed, was convicted and remanded on bail to October 21 for a probation report and sentence. He pleaded guilty. Sergeant Burrell said that during one evening between September 15 and 27. the accused went to the scrap metal premises and sealed a fence. He took bales of copper wire and left them on a vacant section nearby. The accused had been drinking when he committed the offence. He then returned to town and got a friend to drive him back in his car and pick up the stolen wire. Some of the wire was later sold to another metal firm but the rest was recovered. Restitution of $6l was asked.

RECEIVED COPPER WIRE A man who used his car to help another man collect some stolen copper wire was convicted and ordered to come up for sentence within two years !f called upon, when he appeared for sentence on a charge of receiving 6001 b of wire worth $2lO from Malcolm Robert Kinnaird between September 19 and 27. The man. David Hodgson, aged 29, a machinist, was ordered to pay 130 towards the cost of prosecution. In mitigation. Mr K. N. Hampton said the defendant’s actions resulted from a serious state of depression and over indulgence in liquor. He was of good character and the offence was something unlikely to happen again.

BURGLARY Michael Joseph Mills, aged 25, a soldier, was remanded on bail to October 21 for sentence on a charge of burglary of Carthy Motors. Ltd, premises at 190 St Asaph Street. He pleaded guilty. Sergeant Burrell said that on the night of September 21 the garage and offices of Carthy Motors. Ltd. were broken into and $693.73 in cash and cheques valued at $4059 were stolen from the safe. When Mills was interviewed on October 6 he told the police that he had been to the Sunday night pictures with his wife and a friend. Afterwards they had parked the car near Carthy Motors and while his wife stayed In the car he and his friend climbed on to the roof of the building. A screwdriver was used to break a window and they got into the office. The other person had searched the office desks and had found a key to the safe. They had removed three cash boxes from the safe. These were taken to Mills’s fiat and the money was shared. The other . man had thrown

the cash boxes and cheques into the Avon River at New Brighton and they had been recovered. Mills claimed that

- he would not have committed the burglary if it had not been * suggested by the other person. Restitution of $346.87 was sought from Mills. Sergeant Burrell Mid. PROBATION Appearing for sentence on a ’ charge of receiving. 5100 know- , ing that It had been dishon--1 estly obtained, Lynda Margaret - Mills, aged 22, a housewife, was placed on probation for 18 months and ordered to make restitution of the money. She had previously been convicted of receiving the money from . Michael Joseph Mills and Garry Ernest Gerrand on or about September 21. For the defendant, Mr A. K. Grant said that the money she bad taken had been from a burglary carried out by her husband and another man. She did not assist in the burglary but used the profits to pay 560 of her husband’s fines and her dress account. The couple had been suffering a severe financial strain for some time, he said. The Magistrate said that although the defendant had considerable domestic and personal problems, she should not have resorted to crime. FINED 5100 Alwyn Stoves, aged 37. a pipe fitter, was fined 5100 and disqualified from driving for three years on a charge of driving with a blood-alcohol concentration exceeding 100 mtlll. grams of alcohol to 100 millilitres of blood. He pleaded guilty. Sergeant Burrell said the defendant’s car had been seen weaving along Seaview Road at 10,50 p.m. on September 5. A blood test showed 240 milligrams of alcohol per 100 milUlitres of blood. For the defendant, Mr B. S. McLaughlin said he had swerved to avoid a cyclist riding without lights. REMANDED Peter Thomas Darby, aged 20. an insulation labourer, was remanded in custody to October 23 under section 37 of the Mental Health Act for a psychiatric examination when he appeared . for sentence on a charge of as- ’ saulting Robert Niven Murcb on ; September 19. Mr J. M. Wilson, for the ac- ' cused. said that Darby had been i a boxer and had suffered con- I mission. 1 SHOPLIFTING A woman, whose name was suppressed, was fined 510 on a , charge ot stealing goods worth ' *4.46 from a shop. She pleaded 1 guilty and was represented by , Mr D. H. Hicks. Sergeant Burrell Mid that at ! 5.20 p.m. on August 11 the defendant passed through a checkout counter without paying for some goods. She was followed through three departments and , was then approached by an em- ; ployee of the company. She : apologised for her action and said that she had been under ( considerable emotional stress ,

for some time. She bad been to a hotel and had some gin and could not remember what had happened. The woman bad 522 in her possession and was under the Influence of liquor and was in a highly emotional state when arrested. said Sergeant Burrell. Mr Hicks said that a doctor, who was treating the woman for anxiety, had prescribed two different types of drugs for her. The combination of drugs and alcohol had led to the offence because her self-control Had been diminished. She had plenty of money to pay for the goods and was a first offender. The Magistrate granted suppression of the woman’s name because of a medical certificate. REMANDED IN CUSTODY William Hunwick, aged 20. unemployed. was further remanded in custody to October 17 for sentence on two charges of theft and one of receiving. The Magistrate said he wanted to see a psychiatric report on the defendant before sentencing him. For the defendant, Mr D. J. Hewitt submitted it was a proper case where something should be done for the defendant rather than to him. The defendant had a very bad re-

; cord but it was problematical i whether Borstal training would do any good. It could be better for him to remain on probation and have further psychiatric treatment. FINED 575 Francis Murray Rawcliffe, aged 38, a moulder, was fined 575, was ordered ot pay a medical fee of 510.50 and Ms driver’s licence was cancelled for two years when he pleaded guilty to a charge of driving on Pages Road when the concentration of alcohol in his blood exceeded 100 milligrams. Sergeant Burrell said that about 10.20 p.m. on September 11 a traffic officer saw Rawcliffe driving towards the city along Pages Road. Only one headlight on the vehicle was working. After he was stopped Rawcliffe ran off. After he was apprehended he returned two positive breath tests and a blood test disclosed 180 milligrams of alcohol per 100 milUlltres of blood. Rawcliffe admitted that he had been drinking since 7.30 p.m. Rawcliffe said that he had suffered a severe burn to his foot that day and that he had had only four Soz beers after tea. The traffic officer had said there was nothing wrong with his driving. He was in financial difficulties. ASSAULT DENIED A young man, whose name was suppressed, was discharged without conviction under section 42 of the Criminal Justice Aet on a charge of assaulting a woman on August 18. He pleaded not guilty and was represented by Mr P. F. Tempero. THEFT OF CYCLES lan Murray Peters, aged 26, unemployed, pleaded guilty to 12 charges of stealing cycles and not guilty to eight similar charges. He was remanded on ball to October 28. An application for suppression of his name was refused. TRAFFIC CHARGES In traffic prosecutions brought by the police department convictions were entered and fines Imposed as follows: Drove carelessly: Elizabeth Jane Cunningham, 515 (no driver’s licence. 515. and disqualified for six months). Failed to give way: Raymond William Davies. 515; Alan Bavmond Jansen, 520, and disqualified for three months (no driver’s licence, 510: no certificate of registration, 55). LIQUOR CHARGES Minor possessed liquor in publice place: Dudley Ernest Gwatkln, 510. Minor found In hotel bar: Helen Georgina Kidd, aged 19. 510; Millie Maihea, aged 18. 515. (Before Mr P. L. Mollneaux, S.M.) CARELESS USE A youth whose car demolished 20 feet of a corrugated-iron fence and struck a house, was fined 520 and disqualified from driving for one month on a charge of careloss use ot a motor vehicle. He is John Tauwlwi McManus, aged 20. an apprentice mechanic. He pleaded guilty. At 8.40 p.m. on August 15. the defendant was driving south on Sherborne Street. He was making a left turn into Bealey Avenue when his car door flew open, it was said in evidence. As be grabbed for the door, the car struck the fence of number 187 Bealey Avenue, travelled 15 feet and demolished two lounge windows and a dozen weatherboards of the house. The front ot the car protruded into the lounge when the car came te rest. The defendant said that as he grabbed for the door, he could

neither steer nor brake. He had pleaded guilty because he was negligent in that his car door was not property closed, he said. TRAFFIC LIST Convictions were entered and fines Imposed with 85 Court costs in each case on charges brought by the City Council traffic department as follows: Careless use: J. B. Combe, 520 (no warrant of fitness, 54); L, W. H. Giles, 55 and disqualified for six months; G. R. Hotwell, 520; M. A. Jones, 520 and disqualified for 12 months. Speed might have been dangerous: W. P. D. Bithell, 560, and disqualified for 12 months. Exceeded 30 miles an hour: K. A. Anderson, $10; N. L. Graham, 512; W. A. Walker, $10: K. H. Brunsden, 510; G. L. Beaumont, $l5; A. C. Cole. 525; R. E. Cross, $l2; R. Frew, $lO (no warrant of fitness, 54): A. R. Hamilton, 812; G. D. N. MacKenzie, 525; A. R. Mcßride, 810; P. M. McEvedy, $10; K. J. Russell, $8: C. J. Simpson, $35; G. L. Smith, $lO (no safety helmet, costs only). Failed to stop at compulsory stop sign; D. J. D. Findlay, 520 and disqualified for one month: M. J. De Roo, 812; G. K. Whisker $l2: L. G. Andrew, $l2 (inappropriate licence, $6); A. R. Chambers, $lO (no warrant ot flness, $2); B. W. Flanagan, S 8; A. Grego, $10; V. M. Hill, $10; M. B. Kennelly, $l2: H. J. McAllister. $10; R. W. McFarlane, sB’ (no warrant of fitness, 56): T. I. Ormandy, *10; W. E. Sullivan, $lO. Failed to comply with traffic lights. T. Corbishley 520; T. Hornsby, $l5; N. Tzogas, $l5; L. M. Jemmett, $2O: K. S. Lavender, $l4. Failed to give way at sign: P. G. Cornish, $l2; R. J. Finch, $2O. Failed to give way at pedestrian crossing: W. Halvorsen, $2O and disqualified for three months. Failed to give way to the right: D. W. Guise, 51S: B. H. Phillips. $l5 and ordered to attend traffic lectures. Failed to give way when turning right: J. A. Tully. $l5. Failed to keep left; D. F. Turner. $l4 and disqualified for one month. Failed to stop for school patrol: F. M. Read. $l2. No L sign: W. F. Andrews, $8 (no warrant of fitness, $4); S. J. Barnes, $8; B. W. Belcher, $8; K. J. Granville. *6; D. G. Karetai, $6: K. P. Lane. 88: P. R. McLaughlin, $8; W. G. Tilson, $B. Obstructed a traffic officer: R. Cooper, $6. Failed to produce licence: L. M. Robin. $l5. Failed to supply Information: J. Sayn, $2; B. W. Squire, $2. Insufficient lights: P. Murray, $6: R. D. G. Anderson. 88: A. B. Thomas, $10; P. W. Wright, No front light on bicycle: D. J. Hunt, 54; B. A. McLlntock. $4; S. E. A. Radford. $2; M. V. Taylor, S 4; S. C. Taylor, $4. No rear red light on a goods service vehicle: P. E. Smith, $l5. Overloaded heavy traffic licence: Foodstuffs (Christchurch) Ltd, 56 (overloaded certificate of loading, 16); W. J. Winter, $6. Insecure load: D. H. Beer, $l5. Heavy trailer with no service brake: L. N. Brown, 58. No safety chain: I. Ceyne, 810; H. B. Jones, $4; K. J. F. McGrath. $4. Worn or damaged tyres: M. C. Kennelly. $4. Double parked: V. M. Morgan, Carried passenger on power cycle: W. A. Newman, costa only.