MAGISTRATE’S COURT Youth Fined For Leaving Gifts For Brother In Borstal

Press, Volume CIX, Issue 32314, 4 June 1970, Page 15

MAGISTRATE’S COURT Youth Fined For Leaving Gifts For Brother In Borstal

On a charge of leaving articles for a Borstal inmate on March 29, Stanley Robert Hunwick, aged 19, a timber worker, was fined $2O by Mr W. F. Brown, S.M., in the Magistrate’s Court yesterday. Hunwick pleaded guilty and was represented by Mr K. N. Hamptoh. Sergeant V. F. Townshend i said that the defendant’s brother, an inmate at the Invercargill Borstal, was found in possession of five bottles of beer, two packets of playing cards, and two bottles of ink.

The defendant was interviewed and he said he had gone to visit his brother and with another brother had arranged to leave the articles in a hole in the ground just outside the Borstal property. Mr Hampton said the defendant did not have anything to do with the initial arrangement for leaving the articles, but he did help place them in the hole. He acted out of a sense of family loyalty.

YOUTHS REMANDED Four youths who appeared on separate charges of rape on or about May 31 were remanded nn bail to June 25 for the taking of depositions. They were Kenneth Sydney Johns, aged 19, unemployed >Mr J. E. Butler). Geoffrey Raymond Laird, aged 17 a ' labourer <Mr Butler). Brian Cyfil Hoare. aged 17, unemployed M. J. Glue), and: Darryl William Davies, aged 17, a painter <Mr L. G. Holder). DISMISSED

Charges of assaulting Elizabeth Dawn Harley and Kathleen Whittaker on May 9 against Robin Michael Morresey. aged 20. a casual waterside worker, were dismissed. Morresey <Mr R F. Powell) pleaded not guilty. Miss Whittaker said she and Miss Harley argued with Morresey at the Oxford Boarding House. Lyttelton, after witness refused to go to bed with him. Morresev threatened to throw Miss Harley down the stairs.' and a fight between the threebroke out. He kicked witness An the head and back and banged her head against a mir-!

Witness said Morresey was "going from me to Elizabeth during the assault. To Mr Powell, she said thatMiss Harley was "tiddly" at the; time of the assault. She admit-! ted being in the British Hotel; for souje time, but could not remember for bow long. Mr Powell submitted that the S rosecution had failed to prove eyond reasonable doubt that a direct assault on either complainant bad been committed. Botb witnesses conceded that they bad consumed a considerable amount of liquor and that their actions were affected by it.

BOBBERY CHARGE John Lawrence King). aged 34. a machinist, and Arnold Wil-i ham Oneroa. aged 26, a dust-.! man. were remanded to June 24 for the taking of deposi-i nous on a charge of robbing Peter James Mulvaney of $290 on May 12. Dallas Stewart Haami Eruera Tahere. aged 23. a work-' man. was remanded to June 23.' on the* same charge. Tahere and Oneroa were granted bail. PROBATION FOR YOUTHS Appearing for sentence on a Joint charge of stealing a suit- • ase and contents worth $114.50 ; from Kathleen Mary Green on November 29. Michael Patrick Aspeofis. aged 17. an apprentice cook 'Mr S. G. Erber). Wayne Albert Walker, aged 17, a freight loader, and Kenneth]

Ross Anderson, aged 17, an apprentice timber machinist, were each placed on probation for one s’ear.

The Magistrate described the offence as a “miserable theft” of a suitcase from a railway station and warned the defendants that they would not get another chance. ATTEMPTED BURGLARY

Appearing for sentence on a charge of attempting to burgle the shop of lan Ballinger, Ltd, 24 Victoria Street, on May 25, Brian Joseph Kennedy, aged 37, unemployed *Mr J. E. Butler), was placed on probation for one year, ordered to take out a prohibition order, to take medical treatment as directed and to make restitution of $3O.

The Magistrate said that it appeared that Kennedy suffered from alcoholism and that the offence was caused when he was emotionally upset as the result of the ending of a de facto Relationship with a woman. $5O FINE FOR ASSAULT A man. aged 41. whose name was suppressed <Mr I. C. Whitford), was - fined $5O when he appeared on a charge of assaulting another man on April 18

Mr Whitford said the assault, which otherwise would be considered serious. could be explained better when the facts were looked into closely. The complainant had taken advantage of the defendant’s nightshift work to visit his wife. The defendant s wife and the complainant left their respective ■ families and went away for six i months last year, leaving the defendant to look after his five children. This was cause of languish and upset that could be ■readily understood. 1 At the time of the assault, ; the complainant bad made a comment in a hotel that he could have the defendant’s wife whenever he wanted. Few people could expect a man of spirit to look on the complainant with equanimity. Mr Whiteford said. In the interests of his children, the defendant’s name should be suppressed.

DISCHARGED John Livingstone Walker, aged 21. a student, was discharged without conviction under Section 42 of the Criminal Justice Act. when he pleaded guilty to a charge of behaving offensively in the Gresham Tavern on Mav

Sergeant Townshend said that the manager had compained at ; 9.20 p.m. concerning the defendant s actions. Inquiries showed that he had allowed his trousers to drop to his knees, and had wriggled his posterior at patrons.

In a written submission, the •defendant said he had been in i the Avon “bike race’’ earlier in the day. After a lengthv i drinking session, two of his .friends grabbed his trousers and pulled them down. He pulled them up, but they slipped down accidentally. He had apologised to the hotel, the police and the Court, although he . could remember little or nothing of the incident. FINED $6O Kempster Guy Morris, aged 45. an engineer’s labourer, was . fined $6O and placed on probation for one year when he • appeared for sentence on a charged of being found on May , ; 26 without lawful excuse in a > building at 270 Lichfield Street. The Magistrate said the i offence was a little different •from the ordinary one of its-, i type. The defendant had had’ too much to drink and “jusih wandered into the place.” Morris was also ordered to! take such medical treatment asi directed by the probation offi-!. I cer. OBSCENE LANGUAGE ‘l Charged with using obscene language at Kaiapoi on June 2 ,1 Raymond Christie Earl Coster, aged 34, a cleaner, was fined’ l $2O. He pleaded guilty. Coster was arguing with;: another man tn the Kakanui 1 Hotel and he was asked to leave because of the bad language ! he was using, said Sergeant Townshend. The police were ■called and Coster was outside iwhen they arrived and he was I heard using the language com- ■ Dlained of. i BENCH WARRANT ISSUED ' A bench warrant was issued , ’for the arrest of Benjamin ' Richard Kora, aged 46. unem- • ployed, when he failed to apJpear on charges of burglary, 1 unlawfully getting into a car! ’<and two charges of being found >ion property. Sergeant Townshend said! Kora bad been granted bail because he needed hospital I treatment. A check had been f;made with the hospital and it ~ was learned that Kora had not attended. PROBATION !• Daphne Clara Manhire, aged ■66. a social security beneficiary, , -was placed on probation for /two years when she appeared for sentence on three charges "iof theft, all of which occurred lon April 28, and involving goods [ worth a total of $2,42. , A condition of the probation • was that she take any medical 5 treatment deemed necessary by' ■the probation officer. : el The Magistrate said tbe| 1 charges had given him some’ r concern, as Manhire had ap-i Speared on a number of charges! e !of theft over the years. | / "But the cold facts are that

you are living on an age benefit. you pay $2O a month for a bach, and you are short of funds.” he said. "Although these are criminal acts you have committeed, you present something of a community and social problem. You are not in the best of health, yet you seem to be allergic to doctors, and 'some way has to be found of helping you.” FURTHER REMAND Robin George Dungey, aged 18, a seaman, and Henry Keith Riki, aged 19. an unemployed shearer. were further remanded on bail to June 5 when they appeared for sentence On two joint charges of theft and two of unlawfully taking a motorcar. Dungey also appeared on a charge of driving while disqualified and Riki on another of driving without a licence. Both were ordered to take medical examinations, with a view to their being sentenced to periodic detention. BROKE PROBATION I Noel Wayne Powell, aged 24. a salesman, was remanded on; bail to June 10 for probation ’and medical . reports, with a view to sentencing him toi 'periodic detention, when he appeared on a charge of failing, to notify change of address ■ while on probation. He pleaded! guilty. Mr J. N. White, of the Proba-| tion Service, said that Powell i was placed on probation for 18, months last August for driving while disqualied, and had reported regularly until May 29 last, when a notice telling him to report was sent out. He had not reported since. Mr White said Powell had previous convictions, including one for breach of probation. His attitude to probation in the past was “casual to the extreme.” said Mr White. MISCELLANEOUS CASES In miscellaneous cases brought by the police, convictions were entered and fines imposed as follows, with costs $5 in each case: Careless use: Roy Thomas Roberts, $l5: Robert McPartlin, $3O. Failed to give way to pedestrian on crossing: Fernette Josephine Hume. $2O and disqualied for six months mo driver’s licence. $«). Found in bar: Ronald William, Gatehouse. $lO Failed to notify change of ownership: William John Rooney, costs only. (Before Messrs A. H. Marker, and N. A. Small. J.Ps.) THEFT CHARGE John Lawrence King!, aged 34. a machinist, was remanded in custody for sentence in the Supreme Court after the taking of depositions On charges of burgling Douglas Footwear Company, Ltd. at 128 Antigua Street, and unlawfully getting into lan Baxter Murray s car on May 6. Kingi (Mr J. E. Butler), pleaded guilty. Constable Richard Henry Bennett said that at 11.50 p.m. on the night of the offence he had; seen a car previously reported, stolen parked outside Douglas’ Footwear Company. Ltd. with} Kingi in the driver’s seat. The constable heard the sound ofj breaking glass, and several) other officers present went to( investigate. Kingi was then: taken to the Central Police. Station. . i In a statement read to the; Court bv Constable ,Bennett. I Kingi said that he had met a friend. Jim Henderson tn' Cathedral Square in the car. Henderson, with two others, j had asked him if he wanted to) drive while they "did a job”; at Douglas Footwear, to which he had agreed. Depositions were also taken from two employees of Douglas Footwear Company, Ltd. the car’s owner, and a detective. Constable D. B. Smith, who had interviewed the defendant. Constable Smith said the defendant had told him he had known that the car was stolen. (Before Mr K. H. J. Headifen, S.M.) WARRANT ISSUED A warrant was issued for the arrest of Trevor James Green, aged 19, a moulder, when he I failed to appear on a charge! of reckless driving in Colombo? Street on March 6. TRAFFIC CASES In traffic cases brought by the Ministry of Transport, fines were imposed as follows, with costs $5 in each case:— Exceeded 30 miles an hour: lan Gordon Lions, $10: Kevin Horgan, $l5; James Thomas Pacey, $2O: Bryce Alexander Wilson. $l5; lan Morrison Bassett, $8 (exceeded 40 miles an hour limit, $10); Warwick Harry Graham, $l2; David Lesley Baldwin, $l2 (no "L” sign, $8); Clifford George Bellworthy, $2O; Donald Stewart Blue. $l5; David John Brady, $25; Roger Wayne Bray. $l5; lan Oscar Cartland, $25; Mark Anthony Martin Chalmers, $25 (insufficient lights. $10); John Hendrick De Wys, $10; John Wayne Dick, $25; Barry John Fitzgerald, $10; Grant Robert Forbes. $l5: David Alexander Gloghegan. $10; Murray Gordon Godfrey, $10; Paul Gregory Golding. $10; John William Jackson. $10; Betty Helen Jin. $2O: Russell Loder, $10; Roderique John McKenzie, $l5: Brian Steven McNicholl. $10;

.Richard Alan Parker, $2O: I Martin Joseph Parkyn, $2O: Margaret Price, $10; Roger Graeme Price. $10: Brian Gerard Reynlsh, $l5: William Alexander Robertson, $10: David Walker, $10: Colin Neale Stephen. $10; Artjiur Warren Sutton, $l5; Richard Thompson. $2O: Michael David Toomey, $10: Jocelyn Nancy I Townshend. $l5; George Elias Van Der Veen, $2O; Raymond | George Wright, $lO. - Drove with excessive blood;alcohol concentration: Norman i Frank Borck, $BO and disqualified for three years: Allan I James Flutey, $lOO and dis'qualified for three years. 1 Drove at dangerous speed: 'Paul Kenneth Joblin, $25 and disqualiged for 12 months (failed to stop at stop sign, convicted and discharged). Crossed against traffic lights: William Arthur Bromby, $l5 and disqualified for one month; Albert Christopher Grinter. $2O and disqualified for one month: Ngaire Tomlinson, $2O: Peter Boon, $2O and disqualified for three months; Pfeter James Graham, $2O and disqualified for three months: Robin Peter Meyer. $2O. and disqualified for lone month: John Robinsrtn. | $2O. Failed to give way to pedestrian at traffic lights: Dems (John Clark, $2O. • Failed to give way at pedes Itrian crossing: Graeme David (Stewart, $2O; Robert Maurice Timblick, $l5 and disqualified for six months (exceeded 30 miles an hour, $lO. failed to comply with road markings, $5 court costs). Overtook vehicle stopped at pedestrian crossing: Kevin Donald Hopkins, $l5. Failed to stop at stop sign: Garry Albert Robinson, $l2: Kevin Ernest Brook. $l5: David John Froom, $l5; Jean King, $l2: Geoffrey Warren Peek, $l2: Desmond Arthur Tattersail, $l2; Lyneet Agnes Tuuto, $2O (no driver's licence, $lO and disqualified for six months; no warrant of fitness, $5 court costs). Failed to stop for school patrol: John Henry Worrall, $2O. Failed to give way:. Charles Lindsay’ Morris. $l5 ; Edmund Burke Sterrett, $B. Drove carelessly: Alan Wallace :Tounkey. $l5. Exceeded 40 miles an hour speed limit: Ivan Renneil Akinson. $4O: Victor Raymond Buchtanan. $2O. Insufficient tyre tread; John David Graham. $l2 (no warrant of fitness. $6 failed to produce licence. $5. court costs); Richard Alfred Birch, $lO (failed to produce licence, $10); David Lindsay Flewellen, $l2; Graham John Hodson, $l2; Denis Royden Jones. $l2: Andrew Richard Matheson. $l5; Maurice Edwin Mauger, $l5. Failed to display L sign: Christopher Philip Stewart, $8; Francis Arnold Austin, $l2: Brent Douglas Mantell, $10; Trevor John Nicholls (two charges), $2O and disqualified for one month (insufficient tyre tread. $lO, failed to produce licence', $5). Insufficient lights: Michael Richard Brown. $l2; Riki Mitchell Ellison, $2O: Lionel Ralph Gilbert Joyce, $l5; Ike Wiki Karena, $l2. Operated unsafe vehicle: Laurie Bruce Collins, $3O. Crossed railway line against warning device: William Jam6s Stevenson, $25. Failed to stop within clear distance ahead: Eric William Sutherland, $l5. Operated noisy vehicle: Robert Anthony Franklin, $8; Bruce Cookson Wrenn. 820; Brent George Kugener. $10; Philip Francis Symonds. $l2. Failed to signal right turn: Nuku Onekawa, s2o'. ■' v> - Unreasonable use of warning device: Darrel James Houston. $l2. Rode power-cycle on footpath: George Boers, $lO. Failed to wear vision aids.Barry Raymond Broomhall. $l5: Molly Lillian Speirs, $lO. No certificate of fitness: Geoffrey David Carpenter. $l5 'no heavy traffic licence. $10; failed to produce licence, $5). Excessive width of load: Gordon Herbert Roxburgh, $lO. Left dangerous litter on roadway: Stewart Victor Eade, $2O, Insecure load: Tuhoro Aubrey. $2O.