MAGISTRATE’S COURT Man Kicked In Mouth While Lying On Ground During Melee

Press, Volume CIX, Issue 32232, 26 February 1970, Page 6

MAGISTRATE’S COURT Man Kicked In Mouth While Lying On Ground During Melee

A young man had four stitches put in his mouth after he was assaulted after a party and kicked in the face while lying on tho ground, Mr H. J. Evans, S.M., was told in the Magistrate’s Court yesterday < Kevin Desmond Tyson, aged 24, a painter, was remanded on bail to March 5 for sentence on a charge of assaulting Bruce George Froggatt. Sergeant J. D. Burrell said that about ft p.m. on February 24 the complainant and a friend left a party and were walking along Opawa Road when they were approached by Tyson who picked a fight, Tyson punched Mr Froggatt about the face and his friend went to Mr Froggatfs assistance when he was knocked to the ground. Other youths joined in and a general melee developed. Mr Froggatt was kicked in the face while lying on the ground. He had four stitches put in his mouth at the Christchurch Hospital. Tyson was located nearby by the police and admitted punching Mr Froggatt and kicking him in the face while he was lying on the ground. Tyson was wearing heavy boots and had been drinking most of the day. Ln explanation he said that Mr Froggatt had annoyed him Tyson had previous convictions, said (Sergeant Burrell. OFFENSIVE WEAPON Peter Douglas Ogilvie, aged 17. a factory worker, was rei manded on bail to March 5 for sentence on a charge of having ,an offensive weapon, a knife, i in Barbadoes Street. Re pleaded : guilty Sergeant Burrell said that at 12.15 a.m. on February 25. the i police were called to the hnperial Hotel, in Barbadoes (Street. They found Ogilvie and a companion walking along Bar- < badoes Street towards Ferry I Road. Ogilvie was seen to conIceai something under his jer- ! sey and when he and his com- | panion were approached by a constable they ran into St Awapn Street. I The constable chased them ’and Ogilvie was seen to wave ; a metal object and then throw lit into the gutter. It was found (that the object was a butcher’s I knife. Ogilvie told the police that he realised he should not have | had the knife with him and was ; only taking it from his address •in Chester Street to his mother’s home in Rutherford Street, iHe said that he would have ; used the knife to protect htm self if necessary. He had previous convictions, said Sergeant Burre-11. A charge against Ogilvie of i being deemed to be a rogue and a vagabond in that being a suspected person he frequented Barbadoes Street with felonious intent was adjourned to March 4. He pleaded not guilty to this charge. TWO CHARGES ADMITTED Michaed Pomare. a freezing worker, was fined 1100. ordered to pay a medical fee of f 10.50 and his driver's licence was cancelled for two years on a charge of driving when he had more than 100 milligrams of alcohol per 100 millilitres of blood. He was fined Sl5 on a charge of careless driving. Pom are pleaded guilty to both charges. Sergeant Burrell said that about 9 p.m. on January 13 Pomare was driving north on the Main North Road and at Kaiapoi he struck a parked car. He drove off a short distance and stopped. He then attempted to drive off and the owner of the parked car removed the ignition key. Pomare was found to have 200 milligrams of alcohol per 100 millilitres of blood. WOULD NOT GIVE BLOOD "This defendant, more than the average defendant, should have been aware of his responsibilities. I can see no grounds for treating him with any special leniency." said the (Magistrate, imposing a fine of $lOO and disqualification from driving for 18 months on Raymond Frederick Sanderson, aged 47. a company director, on a charge of refusing to give a blood specimen when required to do so. - Sanderson pleaded guilty to the charge. A second charge of driving in a dangerous manner in the Christchurch-Lyttel-ton road tunnel was withdrawn by leave after an application from the police. The defendant was seen to cross to the incorrect side of the roadway several times while he was driving through the Christchurch-Lyttelton road tunnel about 3 a.m. on October 18. said Senior-Sergeant Mulcare. He was travelling at a speed of about 25 miles an hour. When he came out of the tunnel he again crossed to the wrong side of the road and was stopped before he reached the toll plaza He was asked to take a breathtest. At first he agreed but then refused. He was told to go to the Lyttelton Police Station, but there refused to take a breath-test or give a blood j specimen. Sanderson said he would not take this test because he thought he would not pass it and was not prepared to take the risk, said Senior-Sergeant Mulcare. For the defendant, Mr J. G. Leggat said the reason he did not take the test was that he did not believe ' there was any reasonable ground why he should. He was not aware at that ' time that his driving had been erratic and knew of no circumstance that would warrant this being stopped. The defendant held the position of commanding officer of the naval reserve in Christchurch. He was naval representative in sea rescue operations, and a counsellor tn, Heritage. His occupation was marine surveyor.

At the time of the offence he was at the end of a particularly arduous week. He had had a good deal of responsibility upon him in his duties and a succession of official engage-

ments and calls had been extremely demanding on him. The defendant had been at a dance at Pegasus that evening and returned several ships’ officers back to Lyttelton. He had consumed little liquor because he was pn official duties for a large part of the time. At Lyttelton he had had only one drink and left to return without any doubt as to his capability to drive. His concentration may have lapsed because of physical tiredness and ii should be pointed out that he had not been charged with being Unfit to drive because of liquor, said Mr Leggat. The defendant had reflected upon the matter with considerable anxiety. He was aware that he had community responsibilities and obligations, said counsel. Sentencing the defendant, the Magistrate said counsel had submitted the breath and blood test legislation was in some ways controversial. "I say quite bluntly that I do not regard this legislation as controversial. "Upon a plea of guilty to this charge I am not prepared to allow much weight to the defendant’s own belief, although 1 accept it was an honest one —that hts driving conduct did not justify his being called upon to take a breath-test." DISORDERLY BEHAVIOUR Eric Latham, aged 28, a bar steward, was fined 820 on a charge of behaving in a disorderly manner in Cathedral Square. He pleaded guilty. Sergeant Burrell said that shortly before 8.30 p.m. on Tuesday the attention of a constable was drawn to Latham who was shouting at police in two cars as he walked by. He was warned about his behaviour and was allowed to go. A few minutes later Latham approach the same constable further round the Square and remonstrated with him for speaking to him about his behaviour when there were so many young “louts" round the Square. The constable formed the opinion that Latham was intoxicated but not drunk. A friend of Latham suggested it would be a good idea if lie took Latham home and the constable left Latham in his friend’s care Shortly after the constable saw Latham break free from his friend and run off waving his arms and shouting loudly The constable stopped Latham as he shouted an offensive re mark to his friend, and arrested him. Sergeant Burrell said. OBSTRUCTED FOOTPATH A youth who did not move along the footpath when told to do so by a constable because "he wasn’t going to be pushed around by the cops," was fined $l2 on a charge of obstructing the footbath. Ronald Gregory Lewis, aged 19. a bushman (Mr R W. Wilkes*, pleaded not guilty to the charge, which related to an incident in Cathedral Square at 10.45 p.m on February 14. Constable P. F. Kane said he had been trying to disperse a crowd of 40 who had gathered to watch a disturbance in the Godley Plot. He twice asked the defendant to move on but he refused to do so. "I can see his point in moving us—it’s the way he went about it .1 object to," said the defendant. The Magistrate said the constable might perhaps have been more polite tn asking the defendant to move but he was acting reasonably in directing him to move. TWO ASSAULT CHARGES Two charges of assaulting his wife and mother-Ln-law against a man whose name was supSressed were dismissed by the agistrate. The defendant, who was represented by Mr H. J. B. Quigley, pleaded not guilty. Evidence was given that a pushing incident had taken place when the complainants tried to enter the home occupied by the defendant. At the time the husband and wife were separated though no legal order had been drawn up. "While I feel sorry for the complainants because I think they got the treatment they describe the necessary intent of assault on the part of the defendant has not been established." said the Magistrate. "He may well have genuinely believed that he was entitled to resist entry by his wifp or anyone else." DROVE CARELESSLY Charged with driving carelessly in Worcester Street on October 31. Robert Keith Murdoch. aged 18. a mechanic, was convicted and fined $25. He was disqualified for three months. Murdoch, who was repre sented by Mr B. S. McLaughlin, pleaded not guilty to the charge, laid after he collided with arwther car turning into the all-night service station near Latimer Square. CARELESS USE Paul Adrian Tew was fined $2O and his driver’s licence was cancelled for three months on a charge of careless use of a motor vehicle on River Road on December 13 last. (Before Messrs J. L. Ives and R. W. Gormack, Justices of the Peace.) COMMITTED FOR TRIAL William James Willis, aged 18, a cook (Mr A. K. Grant), was committed to the Supreme Court for trial on a charge of wounding Stefan Norman Hatipou with reckless disregard for his safety, on December 29 last Willis was granted bail. A previous charge of wounding with intent to cause grievous bodily harm was withdrawn at the request of Sergeant M. W. Bfown (Before Mr W. F. Brown, S.M.) DISQUALIFIED DRIVING "If this happens again I will impose the maximum penalty of six months,” the Magistrate said in gaoling Larry Charles Walker, for two months on his fourth conviction of driving while disqualified. He was also further disqualified for 19 months. Walker, a prison inmate (Mr Polson); pleaded guilty. Mr Polson said Walker was one of a group of people travelling to Christchurch from Nelson by car. By the tlhie they reached the city the licensed drivers in the car were unfit to drive.

Partly for his own selfpreservation, Walker drove the car for a short distance on Papanui Road. Another prisdn inmate appear ing on a similar charge, Anthony Arnold Hawkins, waif remanded to March 4 for sen-

tence. He, too. had previousconvictions for similar offences TRAFFIC LIST in Ministry of Transport prosecutions, convictions were entered and fines Imposed, with $5 Court costs tn each case, on the following:Exceeded 30 miles an hour: Gideon James Mathew Scott $2O: Owen Elson Brown, $8: Lieselbtte Jacomelli, $18; Klass Hendrick Scholtens. $2O; PeUr Anthony Tyron, $10; Judith Robvn Andrew, $8; Graeme Allan McDonald, $3O; Anthony George Mauger, $24 (pillion passenger, no safety helmet $4): Gary John Reardon, $22; William Robert Jenner. $8: Colin Murray Tucker, $10; Peter Varroll, $9; Vernon Arthur Houghton. $7; Anthony Leceister Baldwin. $lO. John Bithell. $10; Alex Robert Thwaites, $10; Paul Anthony Timms, $3O: John Robinson Blackett, $l4: Dorenoa Lynn Britten, $l2: James Duncan Cameron, $l2, Kenneth Harold Cleghorn. $2B (failed to produce driver’s licence. ss: Robert Fzdgar Creek. $10: Richard Nernon Crocker. $lO (no safety helmet, $4»: lan Paul Fiheh, 10; David John Smith (two charges), $l2. $10; Ori Mokomoko. $2O: Raymond Francis Hebbend, $2B. Neville Thomas Hutchins, $10: Peter Leslie Jackson. $8: Russell Herbert Jellyman. $10: Ronald Joseph Johnson. $10; fan Murray Knight. $l4: Russell William Knowles. $22. Mervyn Graham Lomax. $24; John Molenaar. $10: Russell William Knowles, $10; Raymond Edward Moroney, $B5; Brian Lawrence Pond. $7: Gwenda Lillian Radnoty, $10: Peter Rogal. $lO (failed to produce driver’s licence. $8): Gary Cedric Watson. $10: Katherine Betty Wilson $23 Failed to stop at stop sign: Beverly Marilyn Hermanson, $10; Darcy Rex Gilbert. $10; Barry Hay. $lO (no L sign. $6; failed to produce drivers licence. Sfi): Ram Anuj Pahalad. $3O: Marie Woodward. $l5; Bruce Raymond Broadhurst. $5; Sonny James Rolleston. $10; Richard Waata. $lO (no driver’s licence. $B. disqualified for two months); John Richard Beck. $10; Anthony John Bisley. $10: Gordon James Sharp. $lO (no L sign. 83); Bruce Raymond Broadhurst. $3O: Clifford John Chapman. $l2: Kevin Gerald Carroll. $9: Kathleen Selena Clackson. $10: Robert Allenby Cottle. $10: Roy Robert Gourley, $l5: Henry Frederick Bruce, s3fr; James Charles Kennewell. $10; Boon Chin Low. $lO. No warrant of fitness: Ron Cone, costs only: Gordon Wayne Calder, costs only; Malcolm Ivan Shinn. $4 (noisy motor vehicle, $10); John Robert Aldridge. $3: Peter Stewart Mason. $3; Ronald Hamilton Harper. $2: John Rob Inson. $4: Joseph Dumicich, $8 (worn tyres, s2>; Robin Hugh Evans. $10: Peter Maurice Marsh. $2: Russoll Gordon Harris. $2: Jack Huxley. $8 (no L sign. 84); Brian Norman May, $2; Barry Ronald Mitchell, costs (defective service brake. $10); Kevin Hugh Morgan, $8 (failed to produce driver’s licence, $4): Alexander Cameron Ormandy. $5: Judith Anne Reeves. $4; Grant William Sumner. $2 (insufficient lights. 110): Douglas Young. $2. No driver’s licence: Ralph Stephen Taylor, $B. disqualified for two months: Grant John Counsel 1. $8 (no warrant of fitness, $2; worn tyres. $4); Gordon Cadigan. $B. and prohibited from driving ’ for six weeks; Kevin Mark Griffen, $lO (no warrant of fitness. $3). Crossed against traffic lights: Keith Edwin Bell, $35; Brian John Garrett. $2O (insufficient lights, $5. and licence cancelled for four weeks): David Kim Gresham, $2O. and licence cancelled for six weeks); Andrew Hugh McDougall, $25. Insecure load: John Leonard Luney $l5; Hugh Francis Delautour, $2O. Heavy traffic licence not carried: International Harvester (N.Z.), Ltd. $4. Failed to keep left when turning right: Peter Ernest Wood. $l2. Safety chain not attached: Petrus Antonios van Litsenburg. $7: xMargaret Ann Lay, $7. Failed to display L sign: John Albert Hansen, $4: Bevan Leonard Hanser, costs only; lan Guy King. $5; Ewan Keith Busch. $3 (exceeded 55 miles an hour, $22); Robert Edmond Laming. $5. Failed to supply information: John Brian Healey, $l2; Leslie John Stack. $l2. Failed to keep left when turning left: Lewis John Shaw, $7. Double parked: Trevor Ross Smith. $4. Permitted unlicensed dfiver to drive: Margaret Edgeworth, $2. Failed to keep left: Dianne Williams. 810. No front light on bicycle: Colin Waho, $8 (no rear light. $2). Exceeded 55 miles an hour: Gordon Roy Brewer, $25; Rodney Joseph Davis, $l5. Insufficient lights: Raymond Dalton. $8 (worn or damaged tyres. $4); Ross James Kibble, white, $3. Unlicensed motor vehicle: Grant Edwin Willis. $8: Catherine De FiMppi, $B. Failed to produce driver's licence: Ashley Collett, costs only; William Albert Smith, $B. No certificate of fitness on heavy motor vehicle: Irwin William Barrow. $B. Failed to stop in distance between vehicles: Samuel John Bennett, $l5. Failed to give way to giveway sign: Thomas Douglas Reynolds, $35. Failed to give way to the right: Joseph Hines, $2O. Carried pillibn passenger with provisional licence: Paul Sydney Bobby, $B. Careless driving: Brian Stewart Butland. $25; Neil James Ellis. $3O; Murray Reginald Herman, $l2; James William Maling, $l5. No headlamp on motor-cycle: Hamish Cameron. $5 (no tall light, $8). Carried pillion passenger with provisional licence: Kimffiitt Roland Ellis. $8 (exceeded 30 miles an hour, $12); John Cl Ayton Ford, $B. Wrong class of driver’s licence: Alistair Charles Ensor, $3; David Joseph Shepherd, $7. Worn tyres: Phillip John Gib” bons, costa only; Lindsay Wilfred Grenfell, $4. Exceeded 50 miles an Hbur with probationary licence: Vivian Peter Haack, $3O; Peter Wayne Jacobs. $B. Failed to wear glasses: Alan Norman Campbell. $B. . No windscreen wipers: Alan Richard McPherson. $4.

Heavy traffic licence not carried: Mills D. Graham. Ltd, 14. Failed to comply with road markings: Michael Gordon Toye, $6: lan Stuart Duguid Lamoni, $6. I Parked without reasonable con- , sideration: John Brian Healey, $4 1 No rear red parking light: J Alexander Murray Henderson. ( Exceeded 40 miles an hour with trailer: William Patrick Mere- I dith, SB. Failed to yield right of way - to pedestrian on crossing. Peter Plumridge, $2O, disqualified for six weeks. Failed to signal turn: Carl Anzdc Smith, $lO 'failed to produce drivers’ licence. $8). Used motor vehicle without reasonable consideration: Roger Thomas Stocker, $4. Parked within 20ft of pedestrian crossing: Leonard John Southgate, $5. CIVIL CASES (Before Mr W. F. Brown. S.M.) JUDGMENT SUMMONSES The following orders were made on judgment summonses. R. Adams, labourer, Shortland Street, to pay L. Miller, trading as Darfield Food Centre, $98.78. in default 30 days imprisonment, warrant suspended while $2 a week is paid: E. P. Bolt, marled woman, Bellbrook Crescent, to pay Stan Wheatley, Ltd, $16.70 (four days or $2 a week); T. Brian, hotel keeper, St Albans Street, to pay H. Schmidli and Pfenniger $43 (10 days or $2 a week). Raymond Allen Everill Cocker. Beldsman, Darvel Street, to pay the Commissioner of Inland Revenue $70.99 (25 days or $2 a week): F. Coster, trading as Coster Motors. Moule Street, to pay R. E. Scott, trading as Radi ator Repair Services, $83.60 <3O days or $2 a week): N. W. Crook, engineer, Camden Street, to pay Tisco, $12.79 (three days or $2 a week). Bebe Kia Fahey, factory hand. Ferry Road, to pay the Commissioner of Inland Revenue $14.19 (four days of $1 a week): H. P. Ferris. worker. Shakespeare Road, to pay the New Zealand Insurance Company, Ltd. $43.18 (12 days or $2 a week): M. Gardiner, workman. Hawford Road, to pay T. Armstrong and Company, Ltd. $4.54 (two days or $2 a week). J. R. Gowans, workman, C - Dalgety's Grain Store, Marsh's Road, to pay Hay’s, Ltd. $117.22 (40 days or $1.50 a week); Warwick P Guiney. freezing worker, Hillary Crescent, to pay Canterbury Auto Wreckers $7 (two days or $2 a week); R. Henley, clerk C/ Dunford Studios, to pay San soms Garage. Ltd. $20.89 (seven days or $2 a week). B. E. D Hogwood, worker Gladson Avenue, to pay A. C Rhodes, Ltd $253.70 (70 days or $1 a week) and to pay Rhodes Rent-A-Car. Ltd $16.32 (four days or 23c a week), and to pay Riccarton Panel Beaters. Ltd. $37.28: A. M. Jenkins, workman. Uxbridge Street, to pay Christopher Bede Studios. Ltd. $30.85 (10 days or $2 a week). B. Johnston, labourer. Hastings Street, to pay Reef ton Boat mans Coal Supply, Ltd. $15.10 (four days, or $2 a week): Allan Lovcas sales department manafer, Geraldine Street, to pay olin William Atkinson $339 (70 days or $2 a week); Christine Marshall, married woman. Condell Avenue, to pay Hurst and Drake, Ltd, $94.15 (30 days or 50c a week), and to pay Smiths City Market. Ltd. $39.35 (10 days or 75c a week). P. McManus, manager, Edinburgh Street, to pay the Southern Bottling Company, Ltd. $15.41 (four days or $2 a week); K. Nankerville, labourer. Hart Street, to pay McKay’s Hire Service $22.91 (six days or $2 a week); G. H. Platt, trading as Tailored Fashions. Thackeray Street, to pay Coats Patons (N.Z.), Ltd. $97.09 (30 days or $2 a week); Samuel Michael Price, clerk. Curletts Road, to pay the Commissioner of Inland Revenue $7.41 (two days or $2 a week).