MAGISTRATE’S COURT Man Convicted Of “Disgusting” Assault On Wife

Press, Volume CX, Issue 32209, 30 January 1970, Page 3

MAGISTRATE’S COURT Man Convicted Of “Disgusting” Assault On Wife

A man whose wife said he bad punched and slapped her about the head and face, tied her hands behind her back and attempted to have sexual intercourse with her, was convicted and remanded in custody to Februar. 5 for a probation officer’s report and sentence on a charge of assault John Allen, aged 25, a car sales manager, pleaded not guilty when he appeared before Mr W. F. Brown. S.M., in the Magistrate’s Court yesterday. He was represented by Mr G. W. Alexander. Marie Elizabeth Allen gave evidence that about midnight on January 6 she woke to find her husband sitting on the, end of her bed. He pulled the ' blankets off her and they had an argument about which bed she should sleep in. The de-i fendant said: “I will make* things so difficult for you, you; will have to leave,” Mrs Allen; said. He had kept her awake far several nights previously. They had a struggle on the bed during which the complainant screamed several times and each time Allen hit her across the face with the back of his hand At one stage he said: “If I can’t have you, nobody will,” Mrs Allen said. She was thrown face down on to the bed and Allen ’ grabbed her shoulders,’ knocking her face on a padded, wooden part of the; bed which bruised her nose< He then tied her hands be-! hind her back, stuffed a hand-' kerchief in her mouth, almost suffocating her, and struck: her hard across the back of the neck “The whole time he had the I most terrible look on his face.” she said. Allen eventually untied her hands and she telephoned;; her mother. Mrs Allen said her husband had been drinking that night, but he was not drunk. He should not drink because j “he gets nasty,” she said. They both wanted to sepa- ' rate. Mrs Allen said. For two months before the assault they went to hotels and to ; parties separately. In evidence, Allen said the i facts were basically true, but 1 that they were exaggerated. • Tensions had developed be- : tween them and sometimes he 1 was locked out of his house. , He was supporting a house-

! keeper, not a wife, Allen said. • Allen said he had only hit I his wife with his open hand : on the face and had not I hit her on the back of the . neck. He had earlier told a detec- - five, who gave evidence, that - tension had been building up for a long time and that his ■ mother-in-law wrs one of. the .main causes for tius. Sergeant V. F. Townshend J told the defendant that the only reason that it was not a savage rape case was because i Allen and the complainant were married. ’ "You did rape your wife?” he asked. i '"Yes,” Allen replied. The Magistral- said that he found the charge established beyond all reasonable doubt. In this country, or in any • country, no woman should be treated in such a disgusting ■manner, he said. When counsel suggested that names be suppressed for the sake of the couple’s child. Sergeant Townshend said that the public were entitled to know the facts of the case.. It was not a domestic matter, but rather an offence against the community, he said. The Magistrate made no order for suppression of the names. BURGLED GARAGE A safe containing $2BO in cash and $lB7 in cheques and petrol vouchers was taken in a burglary of Robin Smith Garage at 41 Buchanans Road on November 5. said Senior-Ser-geant J. M. Phelan. Gordon Alexander Milne, aged 52. a machine operator, was later interviewed and admitted the offence. Pleading guilty to the charge of burglary. Milne was convicted and remanded to February 5 for probation report and sentence. Senior-Sergeant Phelan said the accused and two companions had forced a lock at the garage to gain entry. The stolen safe was later found cut open in the Waimakariri River bed. The accused was now serv« ing a two-year prison term for burglary and false pretences. His companions had previously been dealt with by the Court. INDECENT ASSAULT Arthur Alan Falloon. aged 56, a toilet attendant employed by the Christchurch City Council, was convicted and remanded on bail to February 5 for probation report and sentence on a charge of indecently assaulting a 13-year-old boy between September 1 and October . 31. He pleaded guilty. The assault had occurred in the underground toilets in the Square, where the accused was

T attendant, said Senior-Sergeant Phelan. The complainant was using the toilets when he was taken into the office portion by the I. accused. The offence occurred ♦ and the boy was given 30c and t allowed to leave. 1 Interviewed by detectives, the t accused claimed the boy instip gated the offence; but the boy denied this; said Senior-Ser-geant PhelKri. The accused, a -- single man, had previously apt peared before the Court for _ offences of a like nature. ’ The Magistrate told the acS cused, who wks represented by 5 Mr M. J. Glue, that the Court took a very serious view of the I mattCr - STOLE LIQUOR j When a man and his wife ' returned home one night in 1 October they found that a party 5 had been held at their place t during their absence and that a radio worth $4O and liquor worth $B7 were -missing, the ’ Court was told when Graeme I Charles Stevenson, aged 19, a factory worker, pleaded guilty Ito a charge of stealing three , bottles of whisky and two * bottles of sherry worth $lB I from Victor Horace Smith. He was remanded on bail to r February 5 for sentence. The question of conviction was re- ‘ served. ; The complainant’s 16-year-old son had remained home and a party had been held on a Sat- [ urday night, said Senior-Ser- . geant Phelan. Stevenson was interviewed and lie said he thought at least 100 young ; people had been present. , HO said that when he went to the back of the house he noticed some bottles on the . back lawn, and after talking with a friend put the liquor in ' his friend's car. He did not see the liquor again. He re--1 gretted his actions and wished to repay the complainant. FINED $125 FOR ASSAULT John Carrol King, aged 20. unemployed, was fine * $125 and was placed on probation for a year wheh he appeared for sentence on a charge of assaulting William Sefton Hodges on November 15. He was ordered to pay court costs of $5 and to make restitution of $8 on a charge of wilfully damaging a glass door to the value of $B, the property of Mr Hodges. Mr- G. T, Mahon, for the accused. said that this was King's fourth conviction for assault since Octobers 1965. He had not been permitted to go into the lounge bar of the hotel because he was not suitably dressed. He went home to New Brighton and changed and after having two drinks in the lounge bar was refused any more liquor. King had spent a week in custody and had apologised to Mr Hodges. Beecause of the injury King had suffered when the door was smashed he spent 10 days in hospital. He had served two terms in Borstal. “You come within a fraction of going to prison.’’ the Magistrate said. “I will take into account that you have spent a week in custody. If you hit anyone else you will go to pri-t son.” PROBATION FOR FRAUD Ross Corcoran Murray, aged 45, unemployed (Mr J. E. Butler), was admitted to probation for a year and was ordered to make restitution of $4B when he iappeared for sentence on a ; charge of obtaining credit by fraud by incurring a debt for !$4B with Mayfair Court Motels, i Mr Butler said that Murray jhad spent about the last 10 years in prison. The offence | was committed on the day he I came out of prison. Another i person had telephoned the 'motel and said that he was a representative of an oil company and made the booking tor Murray. Murray intended to pay the account and had booked in under his own name. “This was a calculated and dishonest way of obtaining credit.” the Magistrate said. “You had been in prison for a long period and have an excellent report from the prison authorities.” THEFT OF CYCLE

Raymond Neil Barnett, aged i 24, a spool handler, was remanded on bail to February 5 for sentence on a charge of .stealing a bicycle valued at $2O, ‘the property of David Cecil {Schulz on January 26. He pleaded guilty. Senior-Sergeant Phelan ' • said that Barnett admitted to -the I police that about 5.30 a.m. on January 26 he had taken the bicycle from the garage at Mr {Schulz’s home in Sledmere Street. Bryndwr. Barnett had i sold the cycle to Mr’ Schulz for $l6 on January 24. He said that he had taken the cycle I because he had no transport to work. He intended to return [ the cycle later. Barnett had • previous convictions. SUSPENDED SENTENCE ■ Christopher Ashwell, aged 17, a shepherd, was convicted and • ordered to come up for sentence 'within one year if called upon

on a charge of committing a breach of probation by failing to report and was convicted and discharged on a charge of assisting Joseph Toth to avoid arrest on a charge of burglary. Senior-Sergeant Phelan said that Toth and Ash well A* were travelling in a car which was running low of petrel and Toth broke into the premises of Omakaii Motors in search of petrol but stole nothing. Mr J. M. Wilson, for the accused, said that Toth Was convicted and discharged on the charge of burglary in the Wellington Magistrate's Court, Dealing with the breach of probation Mr .Wilson said that Ashwell had been working on sheep stations in the south of the South Island with the consent of his probation officer. He had come to Christchurch to spend Christmas with his parents and had then gone to Nelson for two weeks and did not report to the probation office. He had thought that the office would be closed during the holidays. “You have been to a detention centre on a charge of theft and while on probation you have shown considerable disinterest in your responsibilities,” the Magistrate said. “If you fail on probation again I will send you to Borstal.” FURTHER REMAND Colin Malcolm Hardaker, aged 31. a cook (Mr B. J. Drake), who was to have been sentenced on a charge of assaulting a constable and using obscene language in the New Railway Cafe on January 21, was further remanded on bail to February 2 for sentence to allow his counsel time to study reports and prepare submissions. The Magistrate told counsel that he felt it only fair that he should be told, that a serious view of the assault charge would be taken and that unless there were unusual circumstances a sentence of imprisonment would almost certainly be imposed. REPORT WANTED Pakanui Tuhura, aged 20, a timber Worker, was further remanded in custody to February 2 for sentence on a charge of burglary of Hay's-Wright Steph-' enson, Ltd, on January 16. The Magistrate said he wanted a medical report to see if Tuhura was fit to be sent to the Waikeria detention centre. MISCELLANEOUS CASES In miscellaneous H cases | brought by the police, convections were entered and fines! impoaed as follows, with costs $5 in each case:— Careless uie: Terrance John Patrick Hickland, $4O; Frances Ellen Wilson, $10: Lindsay John Freeman, $25 and disqualified for two months (failed to stop after accident, $35 and disqualified for six months). Proceeded from stop sign before way was clear: Adrian Gerardus Zoontjes. $25. Failed to stop at sign: Allan James Beatty, $8 and disquali- 1 fled for one month. Failed to give way: Erie Vivienne Steel, $3O. Person under 20 found in bar: . John Charles McCrea, $B. Person under 20 drank liquor ■ in public place: Hans Veth, $lO. Supplied liquor to minor: , Noel Frederick Collingwood, $6. ’ (before Mr H. J. Evans, S.M.) < ASSAULT CHARGES i The hearing of charges j against Harry Paul, aged 32, a j showman, and Nita Paul, aged 30, his wife, of assaulting two 1 barmen at the Club Tavern, ( Sydenham, was adjourned part- < heard to February 5. Harry Paul is charged with issaulting Alexander Mcßeath S m January 8 and Nita Paul is i charged with assaulting Robert j William Mcßeath on the same . late. Both defendants pleaded 1 not guilty and were represented ] by Mr R. F. Powell. i Giving evidence, Alexander . Wcßeath, a part-time barman, j said he spoke to the defendants ’ in an effort to stop a disturb- i ince they were creating. The couple were arguing with « patrons at the next table and 1 lire Paul was warned to stop 1 swearing. Mr Paul then stood j iip and punched him. Mrs Paul - hit him a glancing blow with a ' beer jug. « Robert William Mcßeath, the brother of the previous witness i and also a part-time barman, i said that at 9.45 p.m. he had seen Mr Paul swing a blow at l his brother. He went to try to | stop the fight and Mrs Paul < swung a broken beer jug at ' him, ripping the front of his ’ shirt. < SUNDAY SALES 1 “I sold nothing you cannot . buy all over town on a Sun-

. day.” said Anthony David : Regal, who was charged with I being proprietor of a dairy at ' 22 Clare Road that was not i, closed on a Sunday. “All I sold I thought was obvious to sell,” he said, pleading i not guilty to the charge. 1 He was not aware he could f have obtained an exemption , from the Shops and Offices Tribunal to sell restricted goods on a Sunday. The shop had now been sold and to be demolished next week. The defendant said he had been opening his small dairy on a Sunday for seven years and had received no warnings from any inspectors of shops and factories. The Magistrate convicted the defendant but imposed ho fine, ordering him to pay $5 Court costs only. $6O FINE Kenneth Charles Brown, a seaman, was fined $6O and dis- : qualified from driving for six months on a charge of failing ; to give information to the owner of a car he had been in- I volved in an accident with. A further charge of wilfully ob- ’ strutting a traffic officer in the course of his duty was dismissed. Brown, represented by Mr A. I Hearne, pleaded not guilty to the charges. The Court was told that the < defendant had been involved in an accident with another car in ] Buckleys Road on September 7. (Before Messrs L. C. Fulford and F. W. Zimmerman, Justices ’ of the Peace) | COMMITTED FOR TRIAL Joseph Riley Grace, aged 31, ‘ unemployed, was committed for ‘ trial in the Supreme Court on , a charge of unlawfully taking a car valued at $2OO, the pro- i petty of Robert Joseph Taylor on December 19. Grace, who pleaded not ' guilty, was represented by Mr A. F. W. Wilding. Grace was remanded on bail.