MAGISTRATE’S COURT Man Fined $lOO For Escaping From Pre-release Detention

Press, Volume CIX, Issue 32302, 21 May 1970, Page 6

MAGISTRATE’S COURT Man Fined $lOO For Escaping From Pre-release Detention

Mr E. S. J. Crutchley, S.M., said in the Magistrate’s Court yesterday that he would take the unusual course of not imposing another term of imprisonment on a man who escaped from pre-release deten-. tion.

He fined Barry James Richards, aged 31, $lOO when he appeared for sentence on a charge of escaping while on pre-release on May 15. Richards had been due for release on May 28, and failed to return one evening from his carpentry job. Mr A. D. Holland, who represented Richards, said the offence of escaping was historically regarded as serious, but he urged the Court to treat the offence "in the enlightened view of justice today.’’ “The Court has a clear duty to impose a penalty both as a deterrent and a punishment to the offender," the Magistrate said. “It certainly is most unusual if that course is not followed. “It is doubtful that you had any intention of escaping. The offence resulted from staying out too late, and having too much to drink. “But it seems from the report of the psychiatrist, who has known you for some time, that you are showing signs of reform. The question is whether it is worth the risk of not sending you back to prison," he said. “The Court will take the chance in this case by dealing with you short of imprisonment." ASSAULT CHARGE ‘•You’ll kill eomebody one day if you don’t learn to control your temper,’’ the Magistrate told Trevor James Garlick. aged 35. a drainage worker, who appeared for sentence on a charge of assaulting Desmond Keith Richardson on February 7. He was represented by Mr E. T. Higgins. ‘•At least it can be said that it was not one of those offences against a member of the public just for the sake of using I violence.” the Magistrate said, [remanding Garlick on bail to May 22 for a medical examination to determine his fitness for periodic detention FRAUD Eric Albert Lee, aged 37, a plasterer, was admitted to probation for two years and ordered to pay restitution of about <3OO. when he appeared for sentence on a charge of obtaining a $2OO car, and $5OO in money by falsely representing that a car which he had on hire purchase was his own property. Because there was some doubt about the amount of restitution, the Magistrate ordered that Lee pay at least $5 a week, until an agreed sum had been paid. (Before Mr H. J. Evans. S.M.) [ CHARGE DISMISSED Although the defendant had [not been told he was under arirest, he was in reality, and , should have been warned that !anything he said might be used in evidence, said the Magistrate, 'dismissing a charge against I Denis Steave Green, aged 19, a factory hand, of unlawfully getting into a car on April 29 If the defendant had been warned it was clear the Court would not have before it the damaging admissions by the defendant to a detective that were vital to the prosecution case, the Magistrate said. 1 Green pleaded not guilty to I unlawfully getting into a car valued at $450, the property of Graham Clarke, on April 29. He was represented by Mr S. G. lErber. Evidence was given by traffic [officer Gavin Thomas Herridge I that he had followed a car, that ne knew to be unlawfully taken, ■down Hansori’s Lane. It stopped tn Arthur Street and tjae driver made off but the passenger, the defendant, remained. The defendant was made to sit in the traffic car and remained there until Detective ■Constable John Joseph Chadder■ton arrived a few minutes later. Evidence was given by the traffic officer and the detective [of questions they had put to the defendant. Both said under (cross-examination that they I would have restrained the defendant if he had tried to run iaway, although he was not unJder arrest then. The defendant was not arrested until some time later at the 1C.1.8. office and was only (warned a short time before ■this. i Mr Erber submitted it was i ludicrous to suggest the defendant had been in anything : but a state of arrest, being in a [limbo between freedom and cus|tody. He should have been I warned. FINED, DISQUALIFIED Neil William George Cave, aged 23, a storeman (Mr L. M. O'Reilly), was fined $5 and disqualified for six months when he appeared on a charge of careless driving. He pleaded not guilty. The prosecution alleged Cave had not signalled before he attempted to turn right from the Main Akaroa Highway on March 3, and that he had failed to keep a proper look-out. This manoeuvre had caused a following car to swerve, and an accident occurred. Cave said he had looked to see what traffic there was and, seeing none, began his turn. He heard a horn sound from .behind and pulled sharply to his left. He admitted not having signalled. DISMISSED A charge against Bertha Ellen ■ Taylor, aged 62, a housewife (Mr R. F. Powell), Of stealing a jar of sandwich spread worth 31 cents from Hay’s-Wright Stephenson, Ltd, on March 19, was dismissed. She pleaded not guilty. (Before Mr P. L. Molineaux, S.M.) DONATION BOX THEFT A man who stole a Nazareth House collection box from the Royal Hotel, Lyttelton, on May 19, was remanded in custody to May 27 for sentence. The defendant, Alexander Sandos Gasparics, aged 35, unemployed, was convicted on his plea of guilty to the charge of theft of the box and con-

tents worth $4.65. On a charge of wilfully damaging a police cell pan on May 19 he was convicted and discharged on his plea of guilty. Sergeant M. Morresey said the defendant was seen leaving the hotel with something under his coat early in the evening of May 19. The box fell to the ground when he was approached by an employee from the hotel. The defendant told the police he found the box in the hotel toilet. After his arrest the defendant became abusive and violent. After being placed in a cell he banged a pan against the cell door until it was damaged beyond repair. • THEFT Peter John Warlow, aged 26, an unemployed butcher, pleaded guilty to a charge of theft of a radiogram and watch of a total value of $147 on May 12. He was convicted and remanded on bail to May 27 for sentence. Sergeant Morresey said the defendant called at the C. 1.8. office on May 19 and admitted having taken the articles when he left his lodgings on May 12. The defendant said he succumbed to temptation. The defendant told the police he sold the articles to an unknown man in a city hotel for $3O. He then spent the money. REMANDED Eight persons charged with trespassing on New Zealand Army property at 67 Cashel Street on May 5 were further remanded on bail to June 3. They had previously pleaded not guilty. Sergeant Morresey said the hearing would require a full day and sufficient time was not available yesterday. The defendants were Christine Margaret Bailey, aged 18, unemployed shop assistant; Christine Shirley Bird, aged 20, machinist; Murray Donald Horton, aged 29. a student: Warren Grant Mawson, aged 19, student; Christopher James McMahon. aged 18, student; Brian Patrick Rooney, aged 20, storeman; Gregory Arthur Frederick Ross, aged 18, student teacher; and Keith Duffield, aged 50, a Social Security beneficiary (also charged with failing to comply with a constable's direction to have his fingerprints taken). [

PART HEARD Robert Thomas Webster, aged 26, a salesman, was remanded on bail to May 25 when a partheard charge of being idle and disorderly in that on diverse dates between January 14 and April 13 he habitually consorted with reputed thieves, was further adjourned until May 25. Webster has pleaded not guilty. The case began on Tuesday, but was further adjourned when Mr R. F. B. Perry. Webster’s counsel, became ill. PROBATION A young woman whose name was suppressed, was placed on probation for one year when she pleaded guilty to a charge of escaping from the custody of the Child Welfare Department on February 24. and a charge of stealing a pair of jeans and a shirt valued at $9 on the same date. •_ .u. Sergeant Morresey said the defendant escaped in the company of another person. She took the clothes from a clothesline and changed into them before leaving the property. SHOP THEFT Marla Elizabeth Bugg, aged 20. a housewife, pleaded guilty to a charge of stealing two pairs of stockings valued at $2.50 from Woolworth’s, Ltd, on May 8. She was convicted and fined $25. MISCELLANEOUS OFFENCES In miscellaneous police prosecutions, convictions were entered and fines imposed as folFoiind in bar whlie under age: Christopher John Blain, $6; Peter Desmond Dempster. from stop sign before way clear: Robin Bernard Thomas, $25. Failed to comply with stop sign: Michael John Wright, $25 (Before Mr E. S J. Crutchley, S.M.) REFUSED TEST George Meda Eiffert, a cook, was fined $l5O and disqualified: from driving for a further three years when he pleaded guilty to charges of driving contrary to an exemption from disqualification, and refusing to take a blood test, both on May 7. He was represented by Mr G. T. Mahon. Eiffert’s car was seen being; driven on the incorrect side of the road at Lincoln at 9.55 pm said Senior Traffic Officer W. I Wilson. He failed two breath tests, but refused to take a blood test. Mr Mahon said Eiffert was a cook at Lincoln College, and had been granted a provisional licence to enable him to drive within certain hours He had ben disqualified for intoxicated driving in 1967. On the charge of driving contrary to the terms of exemption, Eiffert was fined $lO. COSTS AWARDED Colin William Dehn. a timber manager, was awarded $lO costs after a charge of failing to produce his licence had been withdrawn. He pleaded not guilty to the charge, and produced a receipt to the effect that he had produced the licence within the required time. He said he had come from the West Coast to defend the charge and felt he was entitled to some expenses. Senior Traffic Officer Wilson consented to the application, saying the information must have been laid in error. MISCELLANEOUS CASES

Other offenders were dealt with as follows: Exceeded 30 miles an hour: Murray Milton Hibbard, $8; Richard Saundry Leggoe, $10; Derek Fairless, $10: William Arthur Bromby, $10; Leo Richard Crosier, $2O; Ellen Raeburn Moore, $6; John David Tweedie, $5; Dianne Rosemary Baxter, $2O; Gary Cameron McCullough, $2O: John Julian Hinchey, $10; Clarence Frederick George Arnesen, $10; Michael William Bayley, $10; David Ross Black, $2O: Peter Hughes Bretherton, $3O and disqualified for three months: Michael Lawrence Carr, $2O (no safety helmet, $3); Lex John Clarke. $25: Frederick James Coy, $2O; Duncan Grant Creelman, $10; Neville Maurice Duckmanton, $10; Christopher Ross Duder, $10; David John Froom, $8; Terence John Haring, $25: Robert MacDonald Hempseed, $25; Grahame Robert Henderson, $10; Malcolm Roderick McKenzie. $10; James Conrad Maher, $10; David Graeme Martin, $25; Gwenyth Millar, $8; Guy Miles Miller, $2O (no safety helmet, $3); Dexter Gary Morgan, $10; Betty Jane Myhre, $6; Charles Mark Nelson, $10; Andrew Timothy Paterson, $2O (failed to stop at lights, $20); Hilton Leslie Pearce, $10; Alan John Pearson, $7 and disqualified for three months; Kelvin Richard Pengelly, $25; Murray William Stewart, $2O; Michael Geoffrey Taffs, $lO (no licence, $10); Andrew John Tomlin, $10; Cornelius Verschuren, $25; Raymond John Walker. $25; John Alan Weir, $l5; Jeffrey Bryan Woods, $3O.

Failed to stop at sign: Pakl Waenga, $10: Ronald George Nimmo, $5; Bruce Binnie, $10: Chang Teik Chew, $6; Kevin John Colley, $6; Grant Douglas Craig, $10; John William Cromie, $5; Franciscus Josephus De Bie, $6: Franciscus De Bont, $10: Judith Frances Greet. $10; Alexander Gourlay, $10: Margaret Ada Graham, $10; Gwendoline Rae Horgan, $10; Dorothy Kathleen Hughes, $6; David Charles Maddams, $10; Douglas Colin Marriner, $l5: Neil Finlay O’Fee, $10; Herbert I

William Palmer, $l2; Isabel Patonai, $5; Gysbertus Joseph Rietveld, $lO. Worn tyres: Stuart Alexander Bailey,* $10; William Melville Beydon, $lO (no. warrant of fitness, $10): British Pavements, Ltd, $lO (no mudguards, $5): Bruce Arnold Bryson, $lO (no warrant of fitness on van $5, no warrant of fitness on trailer, $2, ■ failed to produce licence, $7); Warren Clifford Freeman, $lO (exceeded 30 miles an hour, $B, drove Inconsiderately, $l5. and disqualified for six months); William Maurice Hamilton, $10; Denis Maxwell Hassall, $lO (no warrant of fitness, $15); Jennifer Elizabeth Johns, $10; Patrick Kevin Ryder, $10; Allan Tucker, $lO (no warrant of fitness, $10): Kevin McKenzie Wealleans, $10; Graham David Weir. $l5. Speed might have been dangerous: Trevor John Cochrane. $6O and disqualified for one year.

Failed to wear vision aids: Robert John Roxburgh, $5 (failed to keep left, $5). No rear red light on goods service vehicle: Roger Pole Dennis, $10; Michael Edward Fitzgibbon, $10; James Stevenson $lO.

Drove while disqualified. Gary Robert McLean, $9O and dis qualified for one year (gave false particulars, 810). Careless use: Peter Te Hau, $l5 (failed to produce licence. $5); Frances Josephine Rowe, $10: Graeme David A’Court, $2O and disqualified from driving for three months (exceeded 30 miles an hour, 810); Martin William Bassett, $25 and disqualified for three months; John Wlremu Horan, $25 and disquall fled for three months: Mark Francis Taylor. $25 and dis qualified for three months. Insufficient lights: Raymond Thomas Johnstone, 810. Edward Heslop, $10; Winston John Muldrew, $lO. Permitted use of unlicensed vehicle: Gilbert Malcolm Anderson, $5. Gary Thomas Devon. $10: Billy Laugeson, $5. Used unlicensed vehicle; Keith Oswald Barrett. $lO. Ivan Wayne Nuttridge. $l5 and disqualified for six months (no warrant of fitness, $2; no licence, 815 and disqualified for six months). Defective Muffler: Allan Har Ivey Barclay, 85 (carried pillioni passenger with provisional! licence. $3). Exceeded 40 miles an hour; Thomas Riwai Bennett, $10; Betty Lorraine Curtis. $8; Bernard James Falkner, $lO (no licence. $10).

Unsafe trailer attachment: Wayne Edward Black, 810. Crossed against signals: John Mattland Boyce, $2O: John Guthrie Harrison, $2O: Terence Wayne Weaver. $2O.

Failed to give way at sign: Lawrence Leonard Brown, $2O and disqualified for three months.

Exceeded 30 miles an hour on motorcycle with no safety helmet: Donald Stewart Cham berlain, $5; Andrew George Cherry. $5. Donald Kenneth Levy. $3: lan Geoffrey Miller $5. No "L” sign; Russell Jeffrey Crossan. $5: Andre Elizabeth Isitt, $5: Kenneth James Mai colm, $5.

Failed to produce licence: Desmond James Duggan. $10; Ivan Gilbert Healey, $lO (no warrant of fitness, $5); Richard Karanga, $10; Charles Alfred Ownswoyth, $5 (no warrant of fitness, s2)Kathleen Sharon Murphy, $5 (carried unauthor ised pillion passenger, $3). Permitted unlicensed person to drive: Bruce Raymond Harrington, $lO, William Douglas Lynn, 85.

Exceeded 10 miles an hour tn Spencer Park: Brian Roydon Healey, $2O; Alan William John ston, $2O.

No foot-rests on motor-cycle: Barry Patrick John Kane, $5 (no warrant of fitness, $5). Exceeded 40 miles an hour with trailer: Francis Joseph Kenyon, $l5; Brian Jame* Moore. $10; John Alexander Pankhurst. $lO,

No safety chain on trailer: John Richard Wade, $lO. Defective service brake: David John Price, $lO (no warrant of fitness. $10). Failed to give way: Archibold Herbert Robinson. $25, and dis qualified for six weeks; George Albert Smith. $25. No registration plate: John Reuben Voice. $2 (no warrant of fitness, $2).

Exceeded 80 miles an hour; Thomas Arthur Will Wyllie, $l5.