MAGISTRATE’S COURT Youth Fined. $l00 And Placed On Probation For Assault

Press, Volume CX, Issue 32210, 31 January 1970, Page 15

MAGISTRATE’S COURT Youth Fined. $l00 And Placed On Probation For Assault

A fine of $lOO and probation for one year were imposed on Frederick Carl Clarkson, aged 18, an apprentice motor mechanic, when he appeared before Mr W. F. Brown, S.M., in the Magistrate’s Court yesterday for sentence on a charge of assaulting Phillip Brian Watterus on November 4. The Magistrate said that if it had not been for counsel’s remarks, the age of the defendant, and the fact that it was bis first appearance and the fact that only one blow was struck he would have been sentenced to some form of detention. Mr D. H. Stringer, who appeared for Clarkson, said that as Clarkson and his friends drove past a group of Sea Cadets in Victoria Street a cheeky remark was made by someone. One of the Sea Cadets made a rude gesture and the driver of the car suggested they go back to the cadets and teach them a lesson. Clarkson, who was half asleep in the back seat, agreed to this. “Clarkson was pushed from

the back of this incident into the front and was left holding the baby,” said Mr Stringer. Clarkson regretted the whole incident and had read the warning given by the Court to other persons convicted of assault last week. He had a good home background and had the makings of a good motor mechanic. The offence was completely out of character. MURDER CHARGE A man charged with the murder of Muriel Thelma Oliff at 77 Hawkins Road, Marshland, on January 22 was remanded to Sunnyside Hospital until February 27 under Section 37 of the Mental Health Act. The man's name was supSressed and no plea was taken. r D. M. Palmer appeared for the accused. DETENTION, PROBATION, FINE •‘I have decided to take a chance in this matter,” the Magistrate said when sentencing Colin Henry McKeown, aged 21, a workman (Mr P. F. Tempero), on three charges of unlawfully taking a motor vehicle, two charges of burglary and one charge of attempted burglary. McKeown was sentenced to six months periodic detention, 18 months probation, fined $5O on each burglary charge, disqualified from driving for 18 months, and ordered to pay $96.26 restitution. The Magistrate said that McKeown had undergone two periods of Borstal training. Because of their seriousness and because the present offences had occurred shortly after release from Borstal, the Magistrate had felt that the only choice open to him in the way of penalty was imprisonment. He said it was more in the public interest to sentence McKeown to the work centre where he could do some useful work for the community than to sentence him to four to six months imprisonment. TOOK FIVE CARS A young man who was found hiding in some bushes after he had jumped from an unlawfully taken car, swum across the Heathcote River and been tracked by police dogs was convicted and remanded on ball to February 6 for sentence on seven charges. The defendant, Richard Neville Otten, aged 18, an unemployed welder (Mr S. G. Erber), pleaded guilty to five charges of unlawfully taking motor cars worth $4650 in December and January, a charge of unlawfully entering the premises of Electrical Construction, Ltd, on December 21, and a charge of burglary of the shop of Cyclone Cycle and Electrical on December 19. Sergeant M. W. Brown said the defendant was apprehended at Opawa on January 6 after he had abandoned a car in which he and two companions had been travelling. The defendant admitted unlawfully taking the car, taking four other cars in December and being involved in the entering of two electrical businesses in December. Property worth $2BB was stolen when the window of Electrical Construction, Ltd, was smashed with a spade on December 21. The property taken had since been sold and nothing had been recovered. Property worth $6.50, a part only of that taken after the shop window of Cyclone Cycle and Electrical was broken on December 19, had been recovered by the police. The defendant told the police he had taken only one radio. Sergeant Brown said restitution of $96.26 was sought from the defendant. CHARGES ADMITTED

A youth who admitted four convicted and remanded on ball to February ( for sentence. Stephen John Thin, aged 18, a panel beater (Mr G. T. Mahon), pleaded guilty to charges of driving while disqualified, behaving in an offen- s sive manner, drinking liquor in a public place and purchasing liquor while a minor. On the afternoon of October 25 a motorist told the police at Culverden that a beer bottle had been thrown from a car . window, said Sergeant Brown. The car concerned was later stopped by a traffic officer at Amberley. In it were two girls and two youths, including Thin, who said his name was Stephen Wright. ; A traffic officer had seen Thin standing on the side of - the road in the Weka Pass relieving himself in full view of passing motorists. As a result of further inquiries Thin was later Interviewed by the police and he admitted sharing the driving with a friend on a, trip to Greymouth. He said they had bought two dozen bottles of beer at Maruia Springs on the way back and

they drank some of it in the car in the Lewis Pass area. Thin admitted dropping one bottle out of the car. He admitted being a disqualified driver but said he drove because his friend was getting tired and also drunk. ASSAULT Bruce Maxwell Taylor, aged 18, a clerk, charged with assaulting Stephen Jay Bagley, on October 17, was convicted and remanded on bail to February 6 for sentence, with a directive that he be medically examined with a view to his being sentenced to the Waikeria detention centre. He pleaded guilty to the charge. Taylor was one of a group waiting for orders in a Colombo Street hamburger bar when he started arguing with the complainant, said Sergeant Brown. Taylor struck the complainant in the face several times. He suffered a bleeding nose, bruising and a broken cartilage in his nose. The complainant did not retaliate. The Magistrate noted from Taylor’s list of convictions that he had previous convictions for assault and that he had been fined or placed on probation, but unless there were very good mitigating circumstances a more severe penalty would be imposed on this occasion. DISORDERLY A young man seen walking barefoot through Cathedral Square at 3.45 p.m. on January 29 was later found by the police to have nowhere to live, no job and no assets. The defendant, Jacob Martin Cable, aged 18, a painter, told the police he had not worked (or two weeks. He pleaded guilty to the charge of being idle and disorderly in that he had insufficient lawful means of support, and was convicted and remanded in custody to February 2 for sentence. ILLEGAL RAFFLE On a charge of selling a ticket in an illegal raffle at Lyttelton on December 4, Stan Seigielski, aged 23, a seaman (Mr G. R. Lascelles), was convicted and fined $l5. He pleaded guilty. Sergeant Brown said a constable saw the defendant and two other men selling 20c tickets for a raffle of fish in the British Hotel. The defendant told the constable he was selling the tickets for his own personal gain, and to help seamen on strike in Auckland. Phillip Anthony Crannitch, agd 25, a seaman (Mr P. H. J. Alpers), was convicted and discharged when he pleaded guilty to a charge of selling tickets in the same raffle. Mr Alpers said the defendant had been incorrectly instructed on the summons that he was liable to a fine or imprisonment. He had been further told by the Auckland police that he was obliged to appear in .Court. Mr Alpers said loss of work, travel and accommodation expenses involved in the defendant’s Court appearance would cost him more than $2OO. This was out of all proportion to the gravity of the offence. DEFERRED SENTENCE James Scott Cowley, aged 19, a storeman, was ordered to come up for sentence within one year if called upon when he appeared for sentence on a charge of unlawfully getting into a car on January 23. He was represented by Mr A. N. Maclean. The Magistrate said the defendant got into the car with-

out causing damage to it. He was later found asleep in the car. DOG BIT POSTWOMAN Charged with being the owner of a dog which attacked Ngaire Olive Dailey, in Pimlico Place, on September 13, Kenneth Brian Campbell, aged 27, a company representative, was fined 915. He pleaded guilty. The complainant was bitteh on the left leg just above the ankle by the defendant's dog, a 10-month-old collie cross said Sergeant Brown. STOLE MONEY Gwen McMillan, aged 18, a fish packer, was convicted and remanded to February 8 for sentence when she appeared on a charge of stealing 830 from a Blenheim house on January 7. She pleaded guilty. The Magistrate was told that McMillan admitted taking the money. She said she had been on holiday in Blenheim and, when she ran out of money anti became stranded, went to a friend’s house to ask for a loan. The friend was not home so McMillan decided to play a record while she waited. In the radiogram she found the money and decided to take it. ADJOURNED The hearing of a Joint charge of disturbing the conduct of a religious service at the Roman Catholic Church of Christ the King, brought against two youths, was adjourned to February 20. The names of the defendants (Mr L. M. O'Reilly), and that of another youth, who was referred to the Children’s Court, were suppressed. The defendants had previously pleaded not guilty to the charge. FINED 85 Allan David Harrison and Neville Johnson, both seamen, were each convicted and fined 35 on a charge of casting offensive matter in Manchester Street on December 20. They pleaded guilty. WARRANT ISSUED A Bench warrant was issued for the arrest of Joe Bill Barryluk, aged 18, unemployed, when he failed to appear on a charge of burglary on December 31. MISCELLANEOUS CASES In miscellaneous cases brought by the police, convictions were entered and fines imposed as follows, with costs 35 in each case:— Failed to give way: Jack Elvine Gousmett,- 810: Heather Ethel Burtenshaw, 320: Louie John Anderson, 325: Carol Jean Harding, 815, disqualified for three months. Failed to comply with traffic lights: Shirley Jeanette McCallum, 810. Proceeded from a stop sign before the way was clear: William James Foster. 830. Careless use: George Harker Bryant, 825; Duncan Alexander Peat, 820. Person under 20 years found in bar: Mathew Jackson, 87; Raymond Thomas Walker, 56 (gave false particulars, 88). Person aged under 20 purchased liquor: David Colin McCormick, 86 (drank liquor in public place, 825). (Before Mr J. D. Kinder, S.M.) DISORDERLY BEHAVIOUR . Thomas Walter Lightfoot, aged 57, a retired fitter, was convicted snd ordered to come up for sentence if called upon within six months when he appeared for aentence on a charge of behaving in a disorderly manner in Cathedral] Square, I