MAGISTRATES COURT Gate-Crasher Fined $l60 For Assault, Wilful Damage

Press, Volume CIX, Issue 32265, 7 April 1970, Page 10

MAGISTRATES COURT Gate-Crasher Fined $l60 For Assault, Wilful Damage

A 20-year-old welder, described as one of a motorcycle gang, several of whose members gate-crashed a party in a flat, later punched the occupier of the flat a number of times, and on the way out smashed a window, Sergeant J. D. Burrell told Mr K. H. J. Headifeh, S.M., in the Magistrate’s Court yesterday. Appearing on a charge of assault and one of wilful damage, Geoffrey Ray Blackburn pleaded guilty. He was fined $lOO on the charge of assaulting Thomas Martin Fisiher and $6O on the charge of wilfully damaging the window, causing damage worth $5. He was ordered to make restitution of this amount. Sergeant Burrell said that on the evening of January 15 the complainant and some of his friends had a party at his flat at 359 Gloucester Street During this party four youths who appeared to be members of a motor-cycle gang, arrived. These youths were not Invited but were tolerated and allowed to stay. Shortly after midnight an argument developed between a friend of the complainants and one of these youths, and a fight resulted. While the complainant was trying to break this up he was grabbed by the defendant who struck him a number of blows in the face. The complainant fell to the floor while the flght raged round him, said Sergeant Burrell. He heard windows being broken and then someone kicked him while he was on the floor, causing him to lose consciousness. When he came round he saw that several windows had been broken and that the telephone had been wrenched off the wall. The police made numerous inquiries and located the four youths described by the complainant. The defendant was interviewed on February 17 and admitted striking the complainant on the jaw twice wi th his fist His explanation was that he had gone to the assistance of his friend, who was fighting with another person when the complainant grabbed him. At the end of the fight he assisted his friend, who had injured his leg, from the flat While he was going down the stairs he smashed a window with his fist He could give no reason for doing this. The defendant claimed he was intoxicated on the night and denied being responsible for or seeing any other damage committed. Sergeant Burrell said the owner of the flats at this address had complained of damage to them. The damage at the complainant’s flat amounted to more than $25, and consisted of broken windows, the telephone wrenched from the wall, and damage to a door and other furniture. The Magistrate said that should there be any repetition of this behaviour by the defendant he might find himself facing the maximum penalty for the offences, FINED $llO

On a charge of assaulting Constable H. I. Tubman in the execution of his duty on March 14, Moumou Kitemate Horne, aged 25, a builder’s labourer (Mr J. E. Butler), was convicted and fined $lOO. He was convicted and fined $lO on a charge of wilfully obstructing the constable, and convicted and ordered to pay costs on a charge of resisting the constable. The defendant pleaded guilty to all charges. Sergeant Burrell said the defendant and his companion were told to sit in the back of a patrol car after the police had been called to a disturbance in Marlow Road. The defendant’s companion got out and lay down on the roadway, and while Constable Tubman was attending to him the defendant got out also and struck the constable in the face. The defendant resisted violently and had to be handcuffed. Mr Butler said the defendant saw his companion lying on the ground and thought he had been put there by the constable. This was his only reason for acting in the way he did. WILFUL DAMAGE Mervyn John Harkness, aged 23, a factory hand, was convicted and fined $lO and ordered to pay restitution of $2 when he pleaded guilty to a charge of wilfully damaging a shop door on April 3. Sergeant Burrell said the defendant had been drinking in a shop doorway about 10.30 p.m. when he kicked in one of the glass panels in the door. The defendant then went to the premises next door, told the occupants what he had done and asked them to call the police. The defendant told the police he kicked at the door because he “felt like doing it.”

14 DAYS GAOL On a charge of failing to report while on probation on February 26, Terence Andrew Harper, aged 23, a labourer, was convicted and sentenced to imprisonment for 14 days. He pleaded guilty. The sentence is to be served concurrently with a sentence of 28 days at present being served for non-payment of fines. FINED $6O Ernest Waina, aged 24, a compresser hand, pleaded guilty to a charge of wilfully damaging a picket fence to the value of $l5 on March 14. He was convicted and fined $6O. Sergeant Burrell said the defendant had been identified as the person responsible for pushing over a fence after the police had been called to a gate-crashed party about 11 p.m. FINED $5O Kitt William Brown, aged 17, a beef dresser, was convicted and fined $5O when he pleaded guilty to a charge of behaving in a disorderly manner in Cookson Street on April 4. Sergeant Burrell said the defendant persisted in returning to the scene of a disturbance when told to leave. He tried to argue with the police and called out “police brutality’’ when they were dispersing the crowd. DROVE WHILE DISQUALIFIED Lionel Jackson, aged 18, an apprentice carpenter (Mr G. R. Lascelles), was fined $4O and disqualified for one year from March 3 when he pleaded guilty to a charge of driving while disqualified in Yaldhurst Road on December 14, 11 days after he had been disqualified. Mr Lascelles said that Jackson had ; succumbed to the temptation of taking two girls home from a party, but had been apprehended on the way.

FINED $5O, DISQUALIFIED A fine of $5O and disqualification from driving for 12 months ’ were imposed on Toha Mauheni, aged 20, an apprentice panel , beater, on a charge of driving ’ when the proportion of alcohol in his blood exceeded 100 milli- : grams per 100 millilitres. He pleaded guilty. On a further charge of failing to stop after an accident > he was fined $2O, and on a charge of driving carelessly he • was convicted and ordered to pay Court costs only. He also * pleaded guilty to these . charges. At 8.30 p.m. on March 28 the defendant struck a correctly ' parked car in Deans Avenue. ; said Sergeant Burrell. He did , not stop but was apprehended ’ about an hour later. No-one was injured and there was only i moderate damage. A blood test showed a reading of 110 milligrams of alcohol per 100 millilitres of blood. The defendant told the police ; he was scared about getting caught if he stopped after the accident. BROKE GLASS, Frank Sydney Millward, aged > 24, a carpenter, was fined $2O , when he pleaded guilty to a charge of wilfully damaging a glass door pane worth $5, the property of Fraser Napier and Sergeant Burrell said that about 12.45 a.m. on March 30 a person had heard the sound of breaking glass and saw the defendant moving away from a warehouse. When a police patrol approached the defendant he ran down an alley and hid behind some boxes. The defendant, who had been drinking, was very unco-opera-tive and denied causing the damage, said Sergeant Burrell. In Court, the defendant said the glass had broken when he slipped and fell against it. Although it was an accident, he ran when he saw the police because he thought he might be arrested and charged with breaking and entering. DESERTED SHIP Clive Ivor James Robinson and Paul Mehrer, both seamen aged 19, pleaded guilty to a charge of deserting the Cumberland at Lyttelton on April 4 and were each convicted and fined $5O, with solicitor’s fees of $6.30. They had signed on at Cardiff on January 26 for a period of two years. OBSCENE LANGUAGE On a charge of using obscene language in Cookson Street. Kaiapoi, on April 4, Brian Herbert Ashley, aged 17, an apprentice mechanic, was convicted and fined $4O. He pleaded guilty. Sergeant Burrell sgid the defendant used the language complained of when the police arrived at the scene of a disturbance involving about 25 youths in Cookson Street. He yelled the words in a loud voice from a parked car. Sinclair Olive Bryce, aged 24, a freezing worker, was convicted and fined $4O on a charge of using obscene language in England Street on April 4. He pleaded guilty. LIQUOR OFFENCE Minor found in hotel bar: Stephen Alexander Jackson, aged 19, $lO (gave false particulars, $10). (Before Mr P. L. Molineaux S.M.) RELEASED ON PROBATION Kenneth William Langley. | aged 20, an unemployed labourer (Mr R. F. B. Perry), was released on probation for two years and ordered to pay restitution of $3OO when he appeared for sentence on a charge of theft of $3OO by failing to account between August 31 and October 9 last year. The Magistrate said that it seemed from the probation officer’s report that Langley was likely to respond to probation. FINED $5O “This offence must be regarded as an isolated incident.*’ said the Magistrate when sentencing Christopher Koia, aged 21, a shepherd (Mr S. G. Efber). on a charge of lurking near a dwelling house at 53 St Albans Street on March 1. Koia was convicted and fined $5O.

Mr Erber said that Koia was a diligent worker and he was in a sound financial position. Up to the time of the offence his whole conduct had been quite the opposite to the offence. TRAFFIC OFFENCES In traffic prosecutions brought by the Ministry of Transport convictions were entered and penalties imposed as follows, with Court costs $5 in each case: Exceeded 30 miles an hour: Clutha Forbes Mackenzie, $3O; George Washington Tayler, $4O (no safety helmet, Court costs); Bryan Lawrence Brown, $l2; John Douglas Register, $10; Geoffrey Bruce Bennett, $lO (exceeded 55 miles an hour, $20); Anthony William George Reynolds, $25; Michael Kenneth Bamford, $25; Steven Anthony Baker, $l2 (no safety pelmet, $4); Jack Box, $2O; Robert Gordon Debenham, $10; Hugh Patrick Charles Batchelor, $2O; Eleanor Jean Campbell, $25; Arthur Percy Ford, $2O: Trevor William Gifford, $2O; Brian Griffin. $10; Valerie May Halliday. $l2; John Gavin Hampton, $3O; George Charles Mather. $25; Donald Leslie George Mason, $2O; Bruce Mulholland, $l5; Christopher Frederick Nuttall, $25; Roger Simpson, $10; Owen Charlton Smith, $32; Trevor Charles Smith, $32; Daniel Tawha. $2O: John Harris, $10; Walter Thomas Norris, $10; Steven William Ingram, $25.

Exceeded 30 miles an hour with no safety helmet: Malcolm Wayne Hobson, $6; David Kenneth Molyneux. $6 (exceeded 30 miles an hour with provisional licence, $10); Peter Anthony Simons, $6. Exceeded 60 miles an hour: Harley Evan Turnbull, $lO. Exceeded 55 miles an hour: Edward Miller Brough, $l5; Graham Ross Dreaver, $3O: Robin Bruce Drinnan, $2O; Robert John Smillie, $2O (exceeded 45 miles an hour with pillion passenger. $10). Exceeded 40 miles an hour; John EdwarcKHolm, $25; Alan Charles Easterbrook-Hill, $lO (exceeded 30 miles an hour. $10).

Exceeded 40 miles an hour with a trailer: Norman Harold Deuchrass, $l2.

Drove at speed which might have been dangerous: David Hugh Warwick, $5O, disqualified for 12 months (displayed wrong registration plates, $l5; no warrant of fitness, $6).

Worn tyre: Brian Richard Carr, $6; John Alexander Hamlin, 56 (no warant of fitness. $6); Ashley Clifford Everett, $6; Lester Raymond Swan, $6; Robert Ernest Julian, $6; Derek John Heaton, $6 (failed to display “L” sign, $10: no warrant of fitness, $6); Geffrey Howard Mills, $6; Bruce Keith Wright, $6; Raymond Peter Jeffs, $6. Failed to display “L” sign: Karen Anne Forel, $8; Peter James Halliday, $6; Helen Mary Johnson, $6 (failed to wear vision aids, $4); Wayne William Maddock, $6 (exceeded 10 miles an hour, $10): Vincent Alex-, anria James, $lO (no warrant of fitness, $2); Trevor Noel McKenzie, $10; Paul Anthony Healey, $6 (failed to keep left, $6); Robert Owen Williams, $6. Failed to stop at stop sign: Thelma Lillian Thornley, $8 (no driver’s licence, $5; no warrant of fitness, $2): Allan Alexander Lessels, $8 (failed to produce driver’s licence. Court costs); Christopher Hubert Labatt, $lO (failed to wear vision aids, Court costs): Garry Anthony Lange, $10; Geoffrey Mervin Whale, $10; Barry Ronald Jackson, $l2; June Allison Moher, $l2 .(no warrant of fitness, $4).

Failed to produce driver’s licence: Hugh Ngatoka Kotara, $10; Muriel Grimwood. $10;. Bernard Michael Cherry, $lO (ho warrant of fitness, $2); Brian Joseph

O'Shaughnessy, $lO (no warrant of fitness, $4).

Noisy vehicle: Norman Grenville Pugh, $l4 (carried pillion passenger with provisional licence, $4); Jennifer Joyce Bell, $10; Geoffrey Wayne Brown, $10; David George William, $l2. Insufficient lights: Warren John Hobson, $lO (no driver’s licence, $2O, disqualified for three months): David John Murray, $10: Allan Faith, two charges, $lO and Court costs: Robert John Shannon, $lO (failed to display “L” sign, $8 (no warrant of fitness, $2). Unlicenced vehicle: Graham Stephen Watson, $l5, disqualified for one month (inappropriate driver’s licence. $6). Drove while disqualified: Neville James Faith. $lOO, disqualified for 12 months. Failed to display registration plate: John Stewart Handley, $6: Lionel Barry Hart, $lO (failed to produce driver’s licence, $8). Careless use: Maurice Roy Toombs, $l5. No safety chain: Harold Alexander Mora, $4; Neville Clifford Peters, $6; Richard Charles Gates, $6. Failed to comply with traffic lights: Tamihana Hokianga, $25, disqualified for three months. Failed to comply with road markings: Trevor Pentecost, $6; Kenneth Peter Thoms, $6. Failed to stop for traffic officer: Kevin Bernard Murphy, $lO (failed to produce driver’s licence. $10). Failed to give way: Alan John Caldwell. $25. Exceeded heavy traffic licence: W. J. Reynolds and Sons. Ltd, $6; Grower’s Direct Market, Ltd. $B. No heavy traffic licence: David Gould, $8; New Zealand Express Company, Ltd, $6. No side lights on trailer: Ronald Albert Hall, $6 (no warrant of fitness, $2). Nq rear red light; John Robert Miller. $2O. Jack Rabi. $B.

Insecure load: Hylton Clifford Wright, $lO. Carried pillion passenger with provisional licence: Kevin Jeffries. $6. Failed to signal right turn: Bruce Oldman, $l2. Rode bicycle on footpath. Donald Stewart Wilson, $4. Towed cyclist with motor cycle: Keith Leslie Bradshaw, $6. Failed to supply information: David Henry Hicks, $2. Failed to pay infringement fee: Norman Lindsay Macbeth, Court costs. (Before Mr E. S. J. Crutchley, S.M.) PROWLER CONVICTED Dennis Patrick Rogers, aged 30. a clerk (Mr B. A. Hunt), was convicted and remanded at large to April 10 for a probation report and sentence on a charge of being a rogue and vagabond in that he was found unlawfully on enclosed property. Rogers pleaded guilty. Senior-Sergeant F. G. Mulcare said that at 11.45 p.m. on March 16 the police were called to the Helen Connon Hall in Park Terrace. A resident had complained that a man had been looking in the windows at the rear of the property. When Rogers was apprehended 50 yards along Park Terrace he denied the offence, but a police dog trailed Rogers's trail from the scene of the offence to where he was apprehended. said Senior-Sergeant Mulcare. (Before Mr H. J. Evans. S.M.) PROBATION FOR THEFT Appearing for sentence on four charges of theft from shops, Marian Rose Rowlands, aged 23, a woollen worker, was placed on probation for two years. She had previously pleaded guilty to stealing towels and hand lotion worth $7.90 from J. Ballantyne and Company. Ltd; perfume worth $2.95 from D.1.C., Ltd. Cashel Street: a suitcase worth $14.30 from Beath and Company. Ltd; and an ornament. brooch and flannels worth $20.24 from Hay’s-Wright Stbphenson, Ltd. All the offences occurred on March 20. For the defendant, Mr A. P. C. Tipping said it was an unusual case because she had been committing offences of this type since the age of about five. The authorities at Sunnyside Hospital took the view, rightly or wrongly, that they had done everything they could for her. At no stage had there been any suggestion that she was suffering from any form of kleptomania, but this would not seem to be an inappropriate term. The defendant got the urge to take things, knowing it was wrong, but was unable to stop herself. The defendant had a previous bad record for this kind of offending, but had kept out of trouble for a year and was now offending much less frequently due to the influence of probation. The Magistrate said that the defendant had been fined, sent to Borstal and placed on probation four times for theft offences in the last few years. By all ordinary assessments the defendant had failed as a probationer and this was against the idea of admitting her once again to probation. However, she would be released on probation for a further term. BURGLARY CHARGE A man and a youth who committed a burglary were each sentenced to a period of 12 months periodic detention and another youth on the same charge was admitted to 18 months probation. William John Thompson, aged

42, a showman, and Irlmana Gemmell, aged 18, a showhand, were sentenced to periodic detention. and Rex Allan Clarkson, aged 18. a process worker, was given probation. All were disqualified from driving for 12 month's and Clarkson was ordered to take out a prohibition order during the period of probation.

All had previously pleaded guilty to a charge of burglary of the shop of John O’Neill Connelly at 43 Acheson Street, on March 23, and were appearing for sentence.

For Gemmell and Clarkson, Mr R. F. B. Powell said the offence had been committed in a very clumsy manner and both had been influenced by drink. In some ways they might have been influenced by the older man, the defendant Thompson. Nothing had been obtained from the burglary as they had been caught at the scene. Clarksion was a youth with some intelligence and had worked well at the work centre. He planned to marry shortly. Gemmell was also not without ability and had achieved the maximum remission in a previous sentence of Borstal training. Mr Powell said. For Thompson, Mr M. J. Glue said it must be conceded that he had a bad record. He had not offended since receiving a year’s imprisonment four years ago. He had consumed a great deal of liquor and could not recall how he got to the shop burgled. He had not planned the offence. The Magistrate said that although the defendants seemed to have been considerably affected by liquor there was a limit to what this could count towards in imposing penalty. However, in view of counsel’s submissions and matters mentioned in the probation reports imprisonment would not be imposed. ON PROBATION Kenneth William Langley, aged 20. was released on probation for one year, disqualified from driving for 12 months, and ordered to make restitution of $ll5, when he appeared for sentence on a charge of stealing four wheels and a battery, the property of M. S. Vine, some time during August. He was also ordered to pay $2O towards the cost of prosecution on the charge, to which he had previously pleaded guilty. Mr R. F. B. Perry said the defendant had instructed him he did not sell the wheels or battery and made no money from the theft. Without authority he had lent the articles to an acquaintance so he could get a warrant of fitness for his car. This person subsequently disappeared and none of the items was recovered.

The defendant’s trouble appeared to have been in not being able to obtain employment permanently. He bad little money and when opportunity came his way it was easy to succumb to temptation. On a previous occasion the defendant had responded well to probation, said Mr Perry. (Langley also appeared for sentence on a charge of theft before Mr P. L. Molineaux. S.M.)