MAGISTRATE’S COURT Salesman Convicted Of Theft Of $4016 From Employer

Press, Volume CX, Issue 32306, 26 May 1970, Page 10

MAGISTRATE’S COURT Salesman Convicted Of Theft Of $4016 From Employer

A man who stole a total of $4016 from his employer over a period of 14 months by a method known as “teeming and lading” was convicted and remanded on bail to June 5 for sentence when he appeared before Mr M. F. Brown, S.M., in the Magistrate’s Court yesterday.

The defendant, Alec Lawrence Haigh, aged 51, a car salesman (Mr J. G. Leggat), pleaded guilty to the charge of stealing various sums of money from the N.Z. Farmers’ Co-operative Associai tion of Canterbury, Ltd, between February 17, 1969, land April 9, 1970. Senior-Sergeant F. G. Muicare said the offence first came to the notice of the police on April 9 when the defendant called at the C. 1.8. office and confessed to having stolen a total of $3857 from his employer over a period. As the police knew nothing of the matter the company’s credit manager was called. The defendant then handed him a letter setting out details of the money taken. Senior-Sergeant Mulcare said the defendant told the police that he was in charge of the company’s car sales yard in Seaview Road, New Brighton. He was responsible for handling all money and receipts.

In February, 1969. he went drinking in working hours with $1125 of the firm's money in i his possession and continued idrinking outside this period. He became intoxicated and later! found he had lost the firm’s) money and some of his own.i He said he made up the de-! ficiency to the company by bor-. rowing from his friends. He' ipaid his friends back within al few months with money from; car deals. “This meant that the money! from successive deals which he; made had to be applied to balance the earlier deal instead of being credited to the cur-; rent deal in a manner which' is commonly known as ‘teem-, ing and lading.’ ” SeniorSergeant Mulcare said. The success of the scheme depended on the continual flow of deals. Had there been a lapse in deals the deficit would have been noticed by his employer. One aspect which accounted for a considerable proportion of the money used arose as a result of 50 or 60 cars sold during the period requiring repair while under the firm's warranty. , When the car was one tor which he had held back the order and official receipt he could not afford to allow the client to take it to the main workshop and claim under the warranty as this would have led to discovery. On these occasions he arranged for the repairs to be carried out elsewhere and paid for them with more of his firm's money. "This increased his involveIment, though it in any personal gain. Senior Sergeant Mulcare said. In this way the de '" ldan original defalcation tmUt up over the period to S 401«. i The defendant told the P°>‘“ he had written many letters ad mitting the "fence but always |tore them up when his nerve U ' led ' ASSAULT CHARGE Peter Quentin Murphy, aged 27 a soldier (Mr E. T. Higgins)., pleaded not guilty to a charge of assaulting Roger H . aro „Ti Shelton. The Magistrate found the charge established and re-. manded Murphy to June 2 for a probation report and sentence. Sergeant V. F. Townshend prosecuted. Mr Shelton said that at 1 a.m. on February 28 his car was involved in a minor collision witn Murphy's car in Selwyn Street, just south of the intersection with Moorhouse Avenue. As he was leaning across the passenger seat to inspect the damage to his car. a 1930 model. Murphy opened the passenger door. Murphy leaned inside and grabbed him by his pullover, half-pulling him out of the car. and half being assisted by himself, said Mr Shelton. Murphy then struck him several blows to the face, breaking a tooth and splattering blood over his white pullover. Murphv told the Court that his vehicle had been struck twice by Mr Shelton’s and that he got the impression he wasn’t going to stop. As he opened Mr Shelton’s door’ the latter “took a swing” at him, but missed, said Murphy. He admitted striking Mr Shelton “two or three times.” Mr Higgins submitted that this was a case of self-protec-tion because Murphy had had reasonable cause to suspect that he was about to be struck, and it was for the Court to decide whether the actions he took were justified. The Magistrate said that he was satisfied that the assault was not committed in self-de-fence, and could not be justified in any circumstances. “The assault was committed because the defendant had been drinking and possibly nursed a sense of grievance.” he said. ASSAULTED OFFICER Donald James Nation, aged 17. a tractor driver, pleaded guilty to one charge of obscene Language and one of assault. He was convicted on each charge and remanded on bail to June 2 for a probation report and sentence. He was ordered to undergo a medical examination in the interim, with a view to a possible sentence of periodic detention. Sergeant Townshend said that on May 23 Nation attended a dance in the Hawarden hall. He approached a traffic officer who was patrolling the grounds in his car. and asked him to get out because he was going to “give him a hiding.” Nation was abusive and used obscene language. Nation then struck at the officer and knocked his cap off. As the officer was walking towards the hall to get assistance, Nation struck him in the face and kicked him in the leg. When questioned later by the police, Nation said that he had had a “frisk up” with the officer. Nation was under the influence of liquor, said Sergeant Townshend.

DISORDERLY BEHAVIOUR Graeme Gosney, aged 24, a labourer, was convicted and fined $2O when he pleaded guilty to a charge of behaving in a disorderly manner in the public bar of the Gresham Hotel on Saturday evening. Senior-Sergeant Mulcare said that Gosney entered the public bar of the Gresham at 9.55 p.m. on Saturday. He was refused service because of his intoxicated condition, but became abusive, waving his arms in the air and demanding service. As he was being escorted out, he struck the manager’s left shoulder. “This was the conduct of a person heavily affected by liquor and making a nuisance of himself.” said the Magistrate WILFUL DAMAGE Peter Robert Kohi, aged 23 a steel placer, was convicted and remanded in custody to June 2 for sentence when he pleaded guilty to charges of assaulting Kevin John- Phillips on May 22, and wilfully damaging a door panel on the same date. Senior-Sergeant Mulcare said

the defendant was one of four : [youths who had been asked to [leave the Crown Hotel by the < licensee about 8.45 p.m. As he was leaving the defendant struck the licenses and kicked in a door panel. Damage to the door amounted to $lO. ASSAULT i On a charge of assaulting ' Anne Grace on May 24. Ronald Leslie Olsen, aged 36, a barman, ; was convicted and fined $2O. He pleaded guilty. Senior-Sergeant Mulcare said ■ the defendant threw his tea 1 away and struck hi& de facto ■ wife in the face and about the ' body after returning home with 1 her about 11.30 p.m. after drinking in a hotel. ‘ DEPORTED Suyra Baran, aged 24. a Fijian i Indian factory hand (Mr E. T. 1 Higgins), was ordered to be de- : ported when he pleaded guilty ! to a charge of remaining in 1 New Zealand beyond the period ' for which a permit was granted. 1 Mr Higgins said that Baran had settled down and obtained ! a .steady job. He Had married • in December and his wife was 1 now pregnant. An application ' for him to return to Fiji had * been made, but had been re- < fused. His three-month permit 1 had expired on May 13 last year, • TOOK TRUCK Gerard Charles Qeehan, aged ' 20. a driver, was Amanded to ' I June 2 for a probation report ' and sentence when he pleaded ! ! guilty to a charge nt taking a 1 truck, valued at $2060, from the 1 New Zealand Express Company 1 in the early hours of Sundav. Senior-Sergeant Mulcare said * a report was received that the ] truck had been seen leaving the company’s yard at 1.50 a.m. When found driving the truck in | Manchester Street, the defendant 1 said he had worked for the firm 1 and had permission to take the ’ truck home. An iMuirv from ■ the manager showW this not •’ to be true, although the defen- 1 jdant did work there. 1 TOOK CAR 1 [ Peter Nolan Anderson, aged 1 •18, a labourer (Mr I. B. MeI Neil), was remanded to June 2 ■ for a probation report and sentence when he pleaded guilty 'to two charges of ftcing a car ;at Lyttelton on Mhy 16. one involving the same car on May • 117. and one of driving without ’ a licence on May Is, ( A condition of his bail was 1 [that he be examined at Sunny- ( side Hospital. SHOPLIFTING A man aged 53, whose name | was suppressed, was remanded ] on bail to June 2 for a pro- t bation report and sentence t when he pleaded guilty to four j charges of stealing groceries. < worth a total of $3 29. from 5 stores at New Brighton on Saturday. , DESERTED SHIP < Barry Neves. aged|, 18, an Eng- < lish seaman, was cctpvicted and < ordered to be deported, fined 1 $35, and ordered to pay solid- < tor’s fees of $6.30, when he I pleaded guilty to a charge of < deserting the Commonwealth 1 ship Port Launceston at Napier < on July 7. 1969. ( DISCHARGED , A man whose name was sup- . pressed (Mr M. J. Glue) was , discharged without conviction ‘ when he pleaded guilty to a charge of stealing chocolate . and cigarettes worth 93c from , a shop, on April 2s. , Mr Glue said the defendant ’ had no recollection of what had . happened. Medical examination showed this was consistent with degenerative changes consistent , with the defendant's age. < TRAFFIC OFWNCE ( Unable to stop within half clear distance ahead. Peter t Reginald Allom, $l5. disqualified for four weeks. , (Before Mr P. L. Molineaux, S.M.) $265 TO PAY Russell John Morton, aged 23, la marine engineer, was fined a total of $lB5, ordered to pay $BO restitution, disqualified from driving for three years, and placed on probation for one year, when he appeared for sentence on charges of car conversion. dangerous driving, and failing to stop after an acci* dent. He was represented by Mr P. F. Tempero. On each of two charges of taking cars on May 15, Morton was fined $5O, disqualified for one year, placed * probation for a year, and ordered to take out a prohibition order. On a charge of driving in a dangerous manner, on the same date, Morton was fined $6O, and disqualified for two years cumulatively. For failing to stop after an accident, he was fined $25. Restitution of $BO, for damage to one of the converted cars, was also ordered. FINfcD uw Saying he accepWd that the offence was an which occurred while the defendant was under the influence of alco- | tiol. after which he co-operated 1 fully in the return of the I articles, the Magistrate imposed 1 a fine of $lOO on Malcolm Wynne Rollo, who appeared for sentence on a charge of stealing a mirror and a painting from D. J. O’Donovan on May 10. The defendant, aged 33, a scrap dealer, had previously pleaded guilty. He was repre-1 sented by Mr M. J. Glue. 1 Mr Glue submitted that the theft had been no more than a drunken prank. The articles, which were colourful and gaudy, had no artistic value The defendant did all he could to make amends, and could be granted the benefit of the Court’s indulgence for what was a relatively trifling offence, he said. PROBATION FOB THEFT Appearing for sentence on six charges of theft, Brian Graham Hadley, aged 24, a shipping clerk (Mr M. J. Glue), was placed on probation for one year subject to taking psychological treatment as directed by the probation service. Mr Glue said Hadley had had one of the most incredibly lonely lives that it w»s possible to conceive. He had subjected

himself to a spartan regime and in the past had suffered ex-/ treme deprivation but had managed to establish himself satis- , factorily. He had been motivated into offending by some mysterious force. He had no use for several of the articles he took and he could have paid for them 20 times over. “Hadley deserves pity rather than censure,” said Mr Glue. The Magistrate spid that it was clear from reports that the sudden occurrence of offending had a strong psychological origin in Hadley’s case, and he was inclined to agree with submission suggesting the matter was a medical one rather than one calling for a full application of the Criminal Law. ' RECKLESS DRIVING On a charge of reckless driving on December 20, Gary Leon Yule Rutter, aged 20. a welder, was fined 0100 and disqualified from driving for W months as from the expiration of a current period of disqualification. He pleaded guilty. Senior Traffic Officer J. t. 9. Drain said he saw Butter rid ng a motor-cycle with a Pil'ion passenger in Gloucester Street at an estimated speed of 60 to 70 miles an hour. Rutter was chased along Stanmore Road and Worcester Street. and m Fitzgerald Avenu< he was checked at 65 miles an hour. DISQUALIFIED DRIVER David John Smith, aged 17, a workman, charged with driving while disqualified on May 15, was fined $BO and.the period of his disqualification extended by one year. He pleaded guilty. Smith was stopped driving at 13.45 a.m. He said he had been l

Into Cathedral Square and was on his way home. He had been disqualified in April for a driving offence. TRAFFIC CASES In traffic cases brought by the Ministry of Transport, convictions were entered and fines imposed as follows, with costs $5 in each case: Exceeded 30 miles an hour: David James Hunt, $6; Albert William Walter, $4O: Wayne Anthony Beckett, $2O (no safety helmet, ss>: Walter John Bedford, $10; David Anthony Boyes, $l5 (no safety helmet, $5); Christopher Peter Cook, $2O; Ronald Stewart Dunstan, $lO (carried pillion passenger while restricted, costs only, no headlight, $6); William Ashley Freeman, $3O; Anthony Bruce McWilliam, $10; Donald Bruce Morrison. $10; Ale Visser, $8: Alfred Ernest Williamson, $3O; Morton Douglas Wilson, $l5; Donald John Anderson, $l2: Graham Douglas Annett, $25. Richard Howard Baker. $l2 (wrong class of driver s licence, $6); William Alfred Beardsmore, $10: Brian Bertie, $l2 (no safety helmet, $5); Eric Hinton Courtier, $10: Gregor William John Cartmell, $10; William Andrew Clyde Coltart. $2O; Kevin Patrick Michael Dugan, $l2; Lester Gerald Gibson, $2O; Raymond James Gilchrist, $10; Lionel Geoffrey Holmes, $10; Hugh McCracken Ensor. $l2: Carole Anne Jakeman. $l2: William King. $6 (failed to produce driver’s licence. $10): Bernard Morgan Larner. $25; Bernard Charles border. $10; Brian Charles Matthews, $l2: Petrus Theodorus Matla. $25; Wayne John Alfred Milne, $l2; Michael Wayne Ngawati, $3O; Arnold Bolitho Partridge. $27; John Thomas Patrick. $2O: Bruce Pooley. $l2: Geoffrey David Reese. $l2: Ellwyn Alfred James Rickerby, $8; Lawrence Christopher Salmons, $l2; Jennifer Smythe. $8; Grant Roy Stace, $10; John David Tomlinson, $10; John William Turnbull. $2O: Hendrinus Vandervelden. $3O; William Howard Williams. $8: Cyril Vernon Wood. $2O

Failed to stop at sign: Frederick Charles Prangley, $l2; Trevor Thomas King, $l2: Edward Mulcock. $10; Mary Faherty, $10: David Allan Cooper. $l2: Sidney Owen Bradford. $l2: Kathleen Winifred Breach. $l4: Philip Godfrey d’Auvergne. $10: Keith William Donaldson, $8; Graham Stuart Grade. $l2: Harry Hetaraki, $l2: David Johnson. $10; Lawrence Knight. $10: Keith Edward Mabey, $10; Ellen Elizabeth McCormick. $l2: Neil Douglas Mclntosh. $8: Steven Akau Oneroa. $lO (used worn tyres. s6>: Joseph Robinson. $10: Margaret Rahera van Slooten. $l2 William McLean Williamson. $l2

Failed to stop at lights: Ronald Simpson Mcferide. $s Clive Norman. $l5: Philip Arthur Henry Bradding. $25 and disciualified for one month: Dudlev Gwatkins. $25 and disqualified for one month: Denis Patrick Michael Kelly. $25 and disoualified for one month: Louise Le Brun Moore. $lO Gordon Craven Stuart, $25 and disqualified for one month.

Failed to give way: James Nelson Lvnn. $2O: Marton William Condon. $25: Etienne Miles Moller Gray. $l5 (overtook! vehicle stopned for pedestrian on crossing. $2O and disqualified for one month, no driver's licence. $6»: Ensing Theodorus. $2O. Failed to give way at sign: [ Lancelot Robertson. $3O: Raymond Dennis Butterfield. $25.

Careless use: Colin James Craigie. $2O: Murray Francis Stapp. $2O and disqualified for; one month: Hope Tyler. $2O. Proceeded from stop sign before the way was dear: Russell

i Douglas Saunders, $2O: Joseph Linton. $25. No front light: Raymond Vernon. Williamson. $6; Guy Harold I Larkin, $10; Stephen Ronald Banhan. $6; Christopher An- ! thony Bates. $8; Ronald lan Davies. $10; Douglas Cecil John > son; $l2 (no warrant of fitness, 1 $6). Used unlicensed vehicle: Peter Charles Agnew. $l5 and L disqualified for one month (no : warrant of fitness, $5). ' Used worn tyres: Anthony • William Chamberlain, $6 (no , warrant of fitness, $6); Trevor James Green. $6; Stephen Mackinhs, $4 (no warrant of fit- ) ness), $6: Peter Rex Miles, $4; * James Colin O’Connor, $4. Failed to carry heavy traffic ■ licence: Carr Cartage Company. > $4: C. N. Foster and Son, $10; > Roger Hilton Green, $lO. Failed to stop in half of clear distance between vehicles: Ed mond Charles Frost. $2O. Failed to keep left. William Moffat. $8; John Bernard Cox. I $l2. , No heavj' traffic licence: Noel , Townsend. $6. - Failed to comply with no eiYtry i sign: Ronald Gregory Lewis. $6. i No safety chain attached: ! Donald Robert Muir, $6; Barry John Seymour, $6 Drove without reasonable consideration: William Allan Walker. $l4 Permitted passenger to ride jin a dangerous position: Phillip . Warren Webb. $6 »I Exceeded 40 miles an hour: I Ben Zeller, $lO (no warrant of I fitness, $4). •: (Before Messrs A. H. Dale and { !E. L. Tinker, Justices of the Peace)

OBSCENE LANGUAGE A Bantu seaman who was ar rested in Lyttelton on Saturday evening, on a charge of using obscene language, pleaded not guilty and was represented by' Mr M. J. Glue. He was Nelson Shosholoza Mgobozi. aged 35. In evidence. Sergeant D. W. Boyd said he had heard the de fendant use an obscene word several times during a distur bance outside the British Hotel He was arrested and spent the rest of the week-end in custody. The defendant did not know the meaning of the word used. Mr Glue submitted when open ing the defence The defendant then gave evidence of having been assaulted in the bar just before being arrested and de-i nied knowing much English He , had been al sea only a few! months, having worked an his; allotment in South Africa be fore then. Sergeant Morresey: Did you ! learn English at a mission? The defendant (through an interpreter): No. I only know a few words to speak to a white man. He was fined $5. with $3 25 witness expenses. $5.75 inter preter’s fees, and $5 Court costs