MAGISTRATE’S COURT Student Gaoled For Two Months On Drug Possession Charges

Press, Volume CX, Issue 32321, 12 June 1970, Page 5

MAGISTRATE’S COURT Student Gaoled For Two Months On Drug Possession Charges

“If his sentence is a disaster to you personally it will be only because of your conscious and wilful defiance of the law,” said Mr E. S. J. Crutchley, S.M.. in the Magistrate's Court yesterday when sentencing Eymard John Bradley, aged 22, a student (Mr G. R. Lascelles), to a term of two months im-

prisonment on three charges of possessing cannabis. I-ast week Bradley pleaded guilty to two charges of possessing cannabis and not guilty to a third charge. Yesterday. however, he changed his plea on the third charge to guilty and was sentenced on all charges. Mr Lascelles said that the charges arose because of the youthful error of a young man who had an exemplary character, • a stable back ground and a great potential. Bradley was an outstanding

young man who was well balanced and responsible in both his attitudes and opinions, said Mr Lascelles. He had completed his bachelor of arts degree at the University of Canterbury and was studying for first class honours foi his master of arts degree He was also tutoring at the

university. Apart from his university studies he was also engaged In other employment to en able him to support himself, and his schedule of activities had been described by the probation officer in his report as “fantastic.” The charges Bradley faced were not the most serious charges of their nature, said Mr Lascelles. There had been no trafficking of the drug nor had there been any suggestion of it. There had also been no involvement with any “hard line” drugs, he said. The Magistrate said that he agreed that there was no evidence, that Bradley was contemplating to supply or give the drug to anyone else. The Court had to consider, however, if the nature of the possession was casual or if it was more than that. In Bradley’s case the possession had been seriously wilful and determined, he said. In one case it had been hidden behind the instrument panel in his car and in the other it had been hidden on his premises. Whatever might be said about the possible prudence of hiding it from other people, the facts indicated the possession of the narcotic, which could hardly be more grave. The Magistrate said that

Bradley had been in posses- 1 sion of 6.41 grams of cannabis or about five matchboxes full. This was a sufficient’ amount to be viewed seriously. 1 On the charge of possessing; cannabis seeds Bradley had given no explanation to the police nor to the Court as to his intentions.

The Magistrate said that when sentencing Bradley the Court had to have regard to other sentences for similar offences. Since 1966 in the Christchurch Magistrate’s Court 10 cases of the possession of narcotics had been dealt with. Four of these had related to the possession of cannabis. Two of these four offences had resulted in prison sentences, one to a sentence of probation and a fine and one to probation without a fine. Bradley was an outstand-

ing young man who had worked hard to achieve results, said the Magistrate. His high level of intelligence supported by a first class background, however, meant that he had even less of an excuse for committing the offence than a person who was unintelligent, underprivi-

leged and immature. “In truth you have no excuse,” he said. It had also been claimed that Bradley had been in possession of the drug in order that he might gain an insight into its effects to help others eventually. It seemed to the Court, however, that there was an element of indulgence for himself. The Magistrate said that he had considered probation and periodic detention, but it seemed that a term of imprisonment was the only appropriate sentence. An appeal against sentence has been filed. STOLE TREES Charged with stealing nine ornamental trees worth $36 from the Christchurch City Council. David Alexander Ashby, aged 26. a weaver, and David George McClure, aged 25. a machinist, were each fined $lOO. They pleaded guilty. Sergeant M. Morresey said that the defendants, who were neighbours, visited a hotel on the evening on April 22 and drank liquor. On the way home they discussed gardening matters and decided to steal some shrubs. They entered the Buru Lawn Cemetery and took nine ornamental trees which were recovered by the police about a week later. Both defendants told the Court the theft would not have occurred had they not been affected by liquor. When they realised next day what they had done they were too scared to do anything about it. They asked for suppression of their names for the sake of their families. This was refused.

The Magistrate said the penalty imposed had to indicate to the defendants and others that public property had to remain public property.

PRISON FOR THEFT A young man who stole electronic and camera equipment worth a total of $978 from a parked car in Lower Hutt on December 7 last year, was convicted and sentenced to one year's imprisonment, to be served concurrently with a sentence of 18 months he is already serving for unlawfully taking a car and driving while disqualified in January this year.

David Bruce Hutchison, aged 23, unemployed, pleaded guilty to the charge. Sergeant Morresey said that Hutchison had entered the car by forcing the quarter-light window. About March 20 this year some of the stolen property had been sold to a second-hand dealer in Petone by a friend of Hutchison's who said that Hutchison had given him the property.

To date $505 worth of the property remained unrecovered, said Sergeant Morresey.

In an explanation to the ; police after the offence Hutchison said that he was on his way home from a party and was fairly drunk. He had not forced the car window, it was open.

EIGHT THEFT CHARGES Pleading guilty to eight charges of theft, Marion Rose Rowlands, aged 23. a laundress (Mr A. P. C. Tipping), was convicted and remanded on bail to June 18 for sentence. She pleaded guilty to all charges. The charges involved the theft of a radiogram, records, groceries, tools, a suitcase, a first-aid kit and clothing from the New Zealand Farmers’ Cooperative Association of Canterbury. Ltd. Self Help, Ltd. Gordons Hardware. Ltd. Kaiapoi. Blackwells Department Store. Kaiapoi. the D.1.C.. Ltd. and McKenzies. Ltd. between February 1 and April 17.

Sergeant Morresey said that on April 17 staff in lhe Sydenham store of Self Help, Ltd. saw the defendant place goods in a bag and leave without paying. She was apprehended on the street and made an unsuccessful attempt to run away When interviewed later |bv the nolice she admitted other thefts.

The defendant said she got upset and had an uncontrollable urge to steal and she had had the urge since she was five.

All the property had been recovered but some of it was not fit for resale, said Sergeant Morresey.

PEEPING TOM Charged with being* found by night peering into a window, a man whose name was suppressed (Mr I. C. Whiteford), was convicted and placed on probation for one year on the condition that he take out a prohibition order. He pleaded guilty. At 10.40 p.m. on June 3 the defendant entered the complainant's property, climbed on a box and pressed his face against a window, said Sergeant Morresey. The complainant was sitting in the room. She began screaming when she saw the defendantand he made off but was apprehended soon after by the police in a nearbv street.

Mr Whiteford said there was no criminal intent in the defendant's action. He had

simply had too much to drink. He had no previous convictions. EXCESSIVE ALCOHOL For driving in the grounds of the Templeton Hospital and Training School on February 16, while the proportion of alcohol in his blood exceeded 100 milligrams per 100 millilitres of blood. Gary Steele, aged 25. a security officer (Mr B. McClelland). was fined $BO and disqualified from driving for two years. He pleaded guilty to the charge. Sergeant Morresey said that about 1.30 a.m. on February 16, Steele was stopped in the grounds of the hospital by a member of the hospital staff and the police were called. Steele refused to take a breath test and he was taken to the Central Police Station where he again refused to take the test. He later agreed to a blood sample being taken by a doctor. This was taken about 3.40 a.m. and showed a content of 230 milligrams of alcohol per 100 millilitres of blood.

FINED $l2O Peter James Austin, aged 21, a spinner (Mr J. E. Butler), was fined $l2O and disqualified from driving for three years after he pleaded guilty to a charge of driving in Cathedral Square on February 7. while the proportion of alcohol in his blood exceeded 100 milligrams per 100 millilitres of blood.

On a further charge, to which he also pleaded guilty, of careless use of a motor-vehicle on Worcester Street on the same day, Austin was ordered to pay court costs only.

Sergeant Morresey said that when Austin was interviewed by a traffic officer in Cathedral Square about 11 p.m. on February 7, he said that he had consumed about three beers, but later admitted 'that he had been drinking for about seven hours.

Two breath tests proved positive and a blood sample showed that he had a blood-alcohol content of 220 milligrams of alcohol per 100 millilitres of blood.

The charge of careless Use was brought after Austin hit a parked car in Worcester Street on the same evening. There had been no damage to Austin’s car and only slight damage to the other car. FURTHER REMAND Trevor James Garlick, aged 34. a labourer (Mr L. M. O'Reilly), charged with the attempted murder of William Francis Hale on May 30, was further remanded in custody to June 18 at the request of the police. A charge of failing to attend the adult work centre was adjourned to the same date. BURGLARY Kevin Desmond Tyson, aged 24. an unemployed workman (Mr D. M. Palmer), appearing for sentence on a charge of burglary of a house belonging to A, M. Scott. 55A MacKenzie Avenue, on May 25. was fined $lOO, placed on probation for two years and ordered to take medical treatment for alcohol ism as directed.

Mr Palmer said the offence was not a barefaced case of theft as first appeared. The house belonged to his sister and brother-in-law who now regretted laying the complaint.

INTERCOURSE ADMITTED Ronald Edwin Dodd, aged 35, a railway lifter (Mr D. J. Hewitt), charged with having sexual intercourse with a girl aged 10 between February 1, 1965. and December 15. 1965, pleaded guilty and was remanded in custody to June 18 for sentence.

Sergeant W. W. Maloney said that on May 18 this year the police had occasion to put the complainant in the care of the Child Welfare Division as she was found to be living with a 27-year-old man at Woodend. The girl told the police that Dodd had had intercourse with her three times four years ago.

SENTENCED TO DETENTION 1 "The time has arrived for a period of even brisker training.'’ said the Magistrate when jGavin Ralph Blackwell, aged 17, a factory labourer (Mr W. J Kitson). appeared for sentence on charges of possessing an offensive weapon, a pocket knife,

in Cathedral Square and assaulting James Albert Lowe on May 27. He was ordered to attend the detention centre at Waikeria. The Magistrate said that Blackwell had already served a period of periodic detention.

ASSAULT ADMITTED David John Beck, aged 19, a sawmill hand, charged with assaulting Kenneth Stanley Burden at Invercargill on March 6 was sentenced to two months imprisonment to be served concurrently ® sentence of six months at present being served. He pleaded guilty to the charge. Sergeant Morresey said that Beck struck the complainant in his face with his knee and hit him while on the ground. The complainant suffered a bruise to the corner of his left eye.

WARRANT ISSUED A bench warrant was issued for the arrest of Vincent Robert Brennan, aged 23, unemployed, when he failed to appear on a charge of having intercourse with a girl aged 15 years 6 months at Motueka on March 26.

TRAFFIC OFFENCE in a traffic prosecution brought by the Police Department. Engel Geert Scholtens, was fined $2O for careless use of a motor-vehicle.

(Before Mr W. F. Brown, S.M.) FURTHER REMAND After hearing submissions from Mr J. G. Leggat. the Magistrate remanded Alec Lawrence Haigh until today for sentence. Haigh, aged 51, a car salesman, is charged with the theft as a servant of $4016 from the New Zealand Farmers’ Co-operative Association of Canterbury, Ltd. Mr Leggat presented to the Court a document showing that restitution was assured from the sale of the defendant’s house. The offence began from negligence. Mr Leggat said, Panic supervened on the negligence, and crime supervened on the panic. The defendant got into trouble because he lost the wallet containing the firm’s cash from the sale of a car. He borrowed money and then began the long haul to pay it back, Mr Leggat said. He had to keep car transactions moving, and as one piece of deceit averted disaster, another was required to cover it up. Mr Leggat also produced medical certificates and spoke at length of the mental strain Haigh had been under. Haigh had involved no-one else, and had frankly shouldered the blame, Mr Leggat said.

DISCHARGED Lionel Beale Jackson aged 80, retired (Mr P. H. T. Alpers), was discharged without conviction on payment of $5 Court costs when he appeared on a charge of failing to slop for a school patrol. Helen Rose McKibbin, a school-teacher, gave evidence of Jackson's car having crossed against the signals at the patrolled crossing outside Kirkwood Intermediate School at 3.25 p.m. on February 12. The Magistrate refrained from entering 4 conviction.

noting that the defendant had been driving for 43 yeara without incident. TRAFFIC , A charge of failing to give way, brought against Reginald Horace Williams, was dismissed for want of prosecution on the application of counsel, Mr R. F. B. Perry. Senior Traffic Officer I. W. McLachlan said that a prosecution witness was not present and could not be found, making it impossible to proceed. A charge of exceeding 30 miles an hour against Robin Edward Hill was dismissed. He pleaded not guilty and was represented by Mr L. M. O’Reilly. Other offenders were dealt with as follows:

Exceeded 30 miles an hour: [ Bronno Zwiers. SO. Crossed again lights: Lloyd Coleman Fergusson Heid. $5. (Before Mr H. J. Evans. S.M.) FINE, PROBATION Michael Chrystuk aged 47, a metal polisher (Mr J. M. Wilson), was fined S4O and placed on probation for one year when he appeared for sentence on a charge of wilful trespass on the premises of the Tabou Nite Club on May 14. On a charge of wilfully damaging two signboards and a shirt valued at $22 on May 21 he was ordered to pay costs only. Mr Wilson said the defendant had no criminal tendencies. The offences arose through lack of understanding and incom-

plete adjustment tn the country’s social requirements.

DISMISSED A charge against Dufty George Kahui, aged 24. a truck driver (Mr D. H. P. Dawson), of assaulting Herbert Kendall on May 28 was dismissed. He pleaded not guilty. The Magistrate said that uncertainty on the part of the complainant as to what had happened at the time of the alleged assault left him in considerable doubt.

SHOP THEFT A woman whose name was suppressed (Mr A. D. Holland), was convicted and fined $4O on a charge of stealing groceries worth $7.25 from a supermarket on May 30. She pleaded not guilty.