MAGISTRATES COURT Youth And Girl Convicted Of False Pretences

Press, Volume CIX, Issue 32303, 22 May 1970, Page 16

MAGISTRATES COURT Youth And Girl Convicted Of False Pretences

Saying that they came well within the provisions of the law relating to being a party to an offence, Mr K, H. J. Headifen, S.M.. yesterday convicted a youth and. a girl, both aged 19, on four charges of fraud. Calvin David Street unemployed, and Karen Elizabeth Davidson, unemployed, were both remanded on bail to May 28 for probation reports and sentencing. They pleaded not guilty in the Magistrate’s Court to the charges and were represented by Mr D. H. P. Dawson. They were charged with obtaining an iron, worth 53.50, from Eastern Dealers, accommodation worth $4.75 from the Zetland Hotel, a nightdress worth $5.95 from Regent Boutique, and a heater worth $15.25 from R. G. McKenzie, by falsely representing that cheques, signed F. Thompson, were valid orders. All offences were alleged to have occurred on April 24. Elizabeth Jeanette Malloch, a Social Security beneficiary, said she had been convicted on four charges of false pretences and one of forgery some weeks ago for her part in the offences. She said the defendants had arranged with her to take cheques into various businesses, using Street’s mother’s cheque book. She gave them the change from the purchases, and accompanied them in a car ■ about the city to commit the offences. She later went to the police and confessed. I In cross-examination by Mr Dawson. Mrs Malloch said I she had co-operated to “get them off my back.” She had j not set out to gain anything, although her rent was four weeks behind, and she had little money. Mr Dawson: I put it to you that you have said these I things because you do not like them.

I Mrs Malloch: I don’t like > them. I did it to get rid of them. ' In evidence, the defendants • denied having instigated the f offences. They said Mrs Mal- , loch had suggested the scheme, and had got the cheque-book. Mrs Malloch had threatened to "get back ■at them” because of the [ breaking-off of her relation- ! ship with a man. ' Giving his decision, the Magistrate said. Mrs MaiJ loch’s evidence had to be j treated with care, because she 1 was an accomplice. On the • other hand, he had been told that not only was her evi- ’ dence false, but was being ■ said maliciously to involve I the defendants in a crime ’ they had not committed. “However, they were tn the 1 car, driven round the city ’ for a common purpose. They ■ received some of the money, J and these facts place them 1 well within the section of the i Crimes Act relating to being 1 a party to an offence,” he ■ said. PETROL THEFT i Philip Arie Cath, aged 18, a freezing worker (Mr R. F- B. ’ Perry), was fined 110 when he appeared for sentence on a ; charge of stealing one pint of , petrol on March 15. The Magistrate commented on ; Cath’s excellent probation ■ report, saying he had made con- ' sistent efforts to improve himself. MILK THEFT Four young men on a working holiday in Nelson stole milk 1 from the Nelson Milk Treatment Station when they ran out of money, said Sergeant M. Morresey. The defendants, John Graham Tinker, aged 17. Patrick Kerry Sheehan, aged 18, Maurice j Edwin Mauger. aged 20, and' Thomas Mills, aged 19, were each convicted and fined $lO on! charges of stealing a total of five pints of milk on January 2 and ordered to pay restitution. They pleaded guilty. Tinker also pleaded guilty to stealing four pints of cream and four pints of milk on January 6. He was convicted and fined $7 and ordered to pay restitution of $1.62.

SHOP THEFTS Elsie Marie Jones, aged 48, a housewife (Mr A. K. Grant), was placed on probation for 18 months when she was sentenced on two charges of theft from shops. The offences related to the theft of groceries worth 82.77 from Wardells-Kincaids, Ltd. on April 9, and the theft of clothing worth $23.82 from Mrs pope, Ltd, on dates between December, 1969, and April, 1970, Mr Grant said the defendant was experiencing great difficulty in providing food and clothing for her family. "She was not motivated by, any criminal tendency but by what she believed to be necessity,’* Mr Grant said, PROBATION Joachim Gilbert Morel, aged 22, a cook, was placed on probation for 18 months when he appeared for sentence on a charge of obtaining clothing worth $58.75 by false pretences on December 11. "With your experience and background I am surprised to see you come before this Court," the Magistrate said. MISCELLANEOUS OFFENCES In miscellaneous police prosecutions convictions were entered and fines imposed as follows, with costs of $5 in each case:— Dangerous driving; Sidney Keith Aldridge, $3O. disqualified for two years (failed to stop after accident, $lO, disqualified for six months, failed to ascertain if any person was injured, convicted and discharged). Careless driving: John Stewart Priest, $10; Jeffery Phillip Bastion, $35: Brian Roy Powell, $l5, disqualified for one month. Excessive alcohol concentration: Harold William Boyce, $lOO, disqualified for three years. Failed to give way; Shirley Frances Blackler, $l2; Peter Conrad Shepherd, $l5. Failed to attend military parade: Warren Malcolm Garlick, $lO. Found in bar while under age; Susan Mickelin Fahey. $3O. i (Before Mr H. J Evans. S.M.) DISCHARGED Appearing for sentence on a charge of stealing a rug worth $13.95. on May 2, a young man whose name was suppressed (Mr A P. C. Tipping), was discharged without conviction under Section 42 of the Criminal Justice Act, subject to the payment of $lO towards the cost of the prosecution. Mr Tipping said that on the day of the offence the defend-

ant had taken some prescribed pills and was not completely responsible for what had happened. There was some history of mental instability and there were medical grounds in support of a request for a final order suppressing his name.

TRAFFIC CASES In traffic cases brought by the Ministry of Transport, convictions were entered and fines imposed as follows, with costs $9 in each case:

Failed to yield right of w«y: Robin Ernest Dunn. $l2 and witness’s expenses $6.90, disqualified for four months; Tekaahu Rang! Te Maari, $25. Crossed against traffic lights on bicycle; Malcolm David Riches, $B.

Exceeded 40 mph. with trailer: Maurice Eric Carter, $7 (no warrant of fitness on trailer, 82).