MAGISTRATE’S COURT Woman Admits Assault, Obscene Language, Resisting Constable

Press, Volume CIX, Issue 32313, 3 June 1970, Page 7

MAGISTRATE’S COURT Woman Admits Assault, Obscene Language, Resisting Constable

In a scuffle with the licensee of the Black Horse Hotel after he had asked her to leave, Margaret Ema Kemp, aged 31, a factory worker, grabbed him and refused to let go, Sergeant W. W. Maloney told Mr E. S. J. Crutchley, S.M., in the Magistrate’s Court, yesterday..

Considerable force had to be used to release her grip, he said.

Kemp pleaded guilty to assaulting lan Maxwell Petrie, using obscene language and resisting Constable Raymond John Sloan in the execution of his duty. She was convicted and remanded on bail to June 5 for a probation report and sentence. Sergeant Maloney said the defendant had been asked to leave the lounge bar of the hotel about 9 p.m. on Monday because of her disorderly conduct. She left the hotel but returned a little later and used obscene language in a loud voice in the hearing of 60 or 70 patrons. She used the language repeatedly. She was ushered towards

the door by the complainant and a scuffle took place. After she let the complainant go she picked up a glass and threw it at him from about four feet away. It struck him on the forehead, causing a deep cut about two inches long and knocking him unconscious for a short time. The wound later had five stitches put in it When the police arrived at the hotel she refused to go and had to be forced to the police car. She did not get in the car but put her feet under it and had to be

dragged out bodily. Three constables had considerable difficulty getting her into the car and she had to be handcuffed, said Sergeant Maloney. The defendant told the Court she was sorry for the inconvenience She had caused and said she hoped the person she had assaulted would “pull through/’

SUSPENDED SENTENCE Shona Lorraine Johnstone, aged 18, an unemployed driver (Mr L. M. O’Reilly), charged with assaulting Anne Marie St John on March 28, was convicted and ordered to come up for sentence within one year if called upon. She pleaded guilty. Sergeant Maloney said the de* fendant was attending a dance at Snoopy’s and she approached the complainant and asked to use her comb. The complain* ant refused and the defendant struck her on the, cheek with her fist. She was subsequently asked to leave the dance.

When the complainant left the dance the defendant followed her, kicked her in the back twice and struck her on the cheek. The complainant fell to the ground. She was taken to hospital but was dicharged soon afterwards. Mr O’Reilly said the defendant had some trouble with liquor and she needed someone to talk over her problems with. He said she was prepared to keep in voluntary touch with a probation officer who had agreed to give what help and advice she could. DISORDERLY On a charge of behaving in a disorderly manner in the Bush Inn Courts on June 1, William James Cull, aged 22, a freezing works labourer, was convicted and fined 340. He pleaded guilty. Sergeant Maloney said police called to the hotel saw the defendant strike another .man in the face with his fists. When the man turned to pick up his glasses the defendant struck him over the back with a chair. IDLE AND DISORDERLY Carol Margaret Anneff, aged 20. and Carol June Gardner, aged 24, both unemployed, pleaded guilty and were ordered to come up for sentence within one year if called upon when they appeared on charges of having insufficient lawful means of support at Lyttelton on May 30, Senior-Sergeant F. G. Mulcare said they were removed from a ship at Lyttelon 15 minutes before sailing time. They said they intended to go to Auckland. Each had about 35. Counsel. Mr R. F. Powell, said they were on their way to book a passage to Wellington when caught. As a special condition of the sentence, they were ordered to return forthwith to Auckland. PERIODIC DETENTION John Piki Ormond, aged 20, was sentenced to detention centre training for six months, one year’s probation, and disqualified from driving for a further year when he appeared for sentence on a charge of driving while disqualified on April 15, having been previously convicted of the offence. The Magistrate warned Ormond that any further offeding of the kind would lead to imprisonment. FALSE CHEQUES Leslie James Smith, aged 20, a weider, was convicted and remanded on bail to June 9 for sentence when he pleaded guilty to two charges of obtaining credit by fraud and a charge of false pretences. Sergeant Maloney said the offences occurred on May 19 and May 20 when the defendant cashed stolen cheques for $5, 33 and 36 at city hotels. MISCELLANEOUS CASES In miscellaneous cases broughtt by the police, convictions were entered and fines imposed as follows, with costs 35 in each case:— Failed to give way: Stanley James McLaughlan, 312; Tony John Payne, 320 and disqualified for three months. Careless use: Gary Lionel Beaumont, 325; Brian Gerrard Reid, 310. ~ , Found in bar: Gregory David Martyn, costs only. (Before Mr W. F. Brown. S.M.)

HIT LICENSEE It was a pity that the law as it stood prevented the Courts from extending a term of periodic detention already being served by an offender, said the Magistrate when Peter Robert Kohi, aged 23, unemployed, appeared for sentence on a charge of assault and wilful damage. Kohi, who is at present serving a term of four months periodic detention imposed on April 15 on a charge of assaulting a constable, was fined 3100 and placed on probation for iz months on a charge of assaulting Kevin John Phillips on May 22, and wilfully d amaging ’ door belonging to Mr Phillips on the same date. He was ordered to make 310 restitution. The Magistrate said the defendant had punched the complainant, the licensee of a city hotel, several times after he had been asked to leave the hotel. On the way out he had kicked in the bar door. “If I had the legal power to extend the term of sentence at the work centre. I would do so. You are making some progress there and as the alternatfve would be a snort term of imprisonment 1 will deal with you by way of fine, said the Magistrate.

PROVOST CHARGED Peter Quentin Murphy, aged 27, a military policeman (Mr E. T. Higgins), appeared for sentence on a charge of assault The question of conviction and sentence was adjourned until Thursday with a view to a discharge without conviction under Section 42 of the Criminal Justice Act. He was ordered to pay S3O towards the cost of , prosecution and $2O to the complainant for the cost of dental rC Murphy pleaded not guilty to the charge of assaulting Roger Harold Shelton on February 28 For the defendant, Mr Higgins said that if he were convicted of the offence he would almost certainly lose his job as a military policeman. There was strong possibility that he would be discharged completely from the Army. Mr Higgins said there appeared to be some degree of provocation. The defendant had, been drinking, not to excess, but enough to make him act out of character. He now bitterly regretted the whole inci-1 d< The Magistrate said the case I was rather an unusual one. The defendant had claimed that he had been acting in self defence, but assault had been proved. The defendant had claimed that the car he was involved in an accident with had been driven recklessly. When the cars stopped and he went up, to the other driver he thought he was going to be assaulted, and struck him so that the complainant lost a tooth. “You are supposed to be a person who can exercise an iron self-control,” . the Magistrate said. It was in the defendant’s favour that he had reported the incident to the police himself and had given his registration number to the complainant. He had served in Vietnam and had a good career ahead of him.

PROBATION. $lOO FINE Assaults on police and traffic officers would not be tolerated and if the defendant had been an adult a term of imprisonment would have been imposed, said the Magistrate when Don-

ald James Nation, aged 17, a tractor driver, appeared for sentenge on a charge of assaulting Traffic Officer Errol Cameron Brown at Hawarden on May 24. Nation wae also appearing for sentence on a charge of using obscene language at the Hawarden Public Hall on the same date.

A fine of *lOO was imposed on Nation ahd he wae placed on probation for 12 , months, with a special condition that he abstain from alcohol during the period. The Magistrate said the defendant was a first offender and had been the woree for drink at the time of the offences. FINE, PROBATION The offence had been one of unauthorised borrowing rather than the usual cases of conversion that came before the Court, said the Magistrate when Gerard Charles Geehan, aged 20, a driver, appeared for sentence on a charge of unlawfully taking a truck worth $2OOO, the property of the New Zealand Express Company, Ltd, on May 24. Geehan was lined 140 and placed on probation for 12 months. An order was made that he completely abstain from alcohol during the probation term. The Magistrate said It appeared the 'defendant had wanted to be “the big man,” taking his employer’s vehicle to provide transport for himself, but intending to take It back. The offence showed a lack of respect for other people's property. SHOPLIFTING CHARGES Arthur Kenneth Tatchell, aged 53, a gardener, was ordered to come up for sentence within 12 months If called upon when he appeared for sentence on four charges of shoplifting from New Brighton shops on May 23. He was charged with the theft of a pair of socks worth $1.05 from Beath and Company, Ltd. a fish slice valued at 51 cents from Fletcher Merchants. Ltd, a tin of soup and a tin of cream from Woolworths, Ltd, and a packet of bacon, a packet of rolled oats, and a piece of fruit cake worth a total of $1.50, from I.G.A. Supa Value New Brighton, Ltd. The Magistrate said the defendant was a first offender and the offences appeared to have been a temporary lapse of honesty In what was otherwise an unblemished career. TRAFFIC CHARGES Failed to give way: Geoffrey Charles Stewart Buchanan. $2O and disqualified for two months (Before Mr K. H. J. Headifen S.M.) MISCELLANEOUS CASES In cases brought by the Christchurch-Lyttelton Road Tunnel Authority, convictions and fines were entered as fol lows, with costs $5 and solicitor’s fees $6.30 In each case:— Excessive alcohol: John Arthur Watson, $BO and disqualified from driving for three years: Ronald Threadwell, $BO and dis qualified for three years. Load not properly secured: Ernest George Sheffield, $lO. CIVIL CASES Judgment Summonses Orders on judgment summonses were made as follows: — S. Andreassend, married woman, Phillips Street, to pay W. T. Mclntyre. $355.94, in default three months imprisonment, warrant suspended as long as defendant pays $1 a week. G. Bryant, labourer. Dyers Road, to pay G. J. Owen $20.50 ($2 or 12 days); Peter Henry Carey, labourer, Carisbrooke Street to pay Leslie Trevor Smart $28.55 <B2 or 15 days); F. K. Derbyshire, labourer, Aurora Street, to pay Blenheim Motor Inn $17.75 ($2 or 10 days); C. Fox, labourer, Carisbrooke Street, to pay New Brighton Ser. vice Station, Ltd, $38.38 ($2 or 21 days); J. R. Gardner, traveller, Newbridge Place, to pay H. p. Lowe $2OO ($5 or three months); John Fergus Goodwin, labourer, Lyttelton, to pay the Post Office $24.88 ($4 or 14 days). L. E. Halligan, labourer, Denise Street, to pay Bell BadioTelevlslon Corporation, Ltd, $24.8 ($2 or 14 days); Francis lan Hamilton, driver. Langdons Road, to pay Christchurch City Council $20.71 ($2 or 12 days); R. Hobbs, married woman, Ventnor Crescent, to pay J. Kerapa $10.50 ($2 or seven days); Colin Edward Neil Hunt, workman, King Street, to pay the Post Office $44.39 is2 or 25 days); B. E. Jamieson, labourer. Bexley Road to pay New Brighton Service Station, Ltd, $51.54 ($2 or 28 days); A. R. Jellyman, driver, Blankney Street, to pay Wigram Radio and Electrical, Ltd, $18.50 ($2 or 10 days). C. C. Lili, housewife, Burnham, to pay Whitcombe and Tombs, Ltd, $26.35 (50c or 14 days); William Murphy, fish shop proBrletor, Ferry Road, to pay H, I. Arnold $108.50 ($3 or 58 days); Carnegie Neilson, labourer, Champion Street, to pay North Avon Service Station, Ltd, $151.38 ($2 or 80 days): Terence Patrick Regan firebrigadesman. Palmside street, to pay N.Z. Farmers’ Co-operative Assn, Ltd, $414.67 ($2 or three months); F. Stolfo, labourer, Antigua Street, to pay R. Laing $336.50 ($4 or three months); Bill Sweeney, Clarendon Terrace, to pay Auto Parts, Ltd. $15.50 ($2 or nine days); B. L. McGee, representative, Tama Terrace, to pay Lohrey Venetian Blinds, Ltd $lO ($2 or siit days).