MAGISTRATE’S COURT Year’s Gaol On Charges Of Theft, Burglary And Receiving

Press, Volume CX, Issue 32322, 13 June 1970, Page 8

MAGISTRATE’S COURT Year’s Gaol On Charges Of Theft, Burglary And Receiving

Imprisonment for a term of one year was imposed on Geoffrey Leonard Harris, aged 22, a steel placer (Mr M. J. Glue), when he was sentenced on two charges of burglary, a charge of receiving, and a charge of theft, by Mr W. F. Brown, S.M., in the Magistrate’s Court yesterday. He had previously been convicted. Mr Glue asked the Court to give consideration to the way the defendant had drastically changed his way of life since his marriage. The Magistrate said the defendant had a bad record, and all the present offences were serious. He had previously been sentenced to detention centre, imprisonment, and Borstal on two occasions.

He said the view taken by the probation officer in his report was unjustifiably optimistic. “Periodic detention is out of the question to my mind. “Should you appear again on charges relating to dishonesty you can only expect a long term of imprisonment or committal to the Supreme Court for sentence.” THEFT AS SERVANT

Alec Lawrence Haigh, aged 52, a salesman (Mr J. G. Leggat), was sentenced to periodic detention for nine months when he appeared for i sentence on a charge of theft as a servant of $2491. He was placed on probation for 21 months and ordered to make restitution of the amount stolen.

The offence was committed ; while the defendant was emi ployed as a car salesman by i the New Zealand Fanners’ ! Co-operative •Association of | Canterbury, Ltd. Mr Leggat said arrangements were being made by the defendant for the sale of this home, and full restitution : would be made from the proceeds.

I The Magistrate said that Itheft as a servant was a very | serious matter, especially iwhen committed by a mature !man, even though it had started off as gross carelessness. He had lost his job, his good name, and bis home.

“He is extremely lucky to escape imprisonment,” the Magistrate said. (Before Mr E. S. J. Cfutchley, S.M.) 21 CHARGES Michael John Brennan-Holton, aged 21, a clerk, was again remanded in custody when he apI peared on a total of 21 charges, including one of abducting an 18-year-old girl from Dunedin orr May 27. The other charges include six ;of false pretences, involving i cashing cheques for a total of $270, two of theft, involving a cheque book and clothing, two of unlawfully detaining persons, i two of assault, one of impersonating the police, and seven of presenting an air pistol at various persons. All relate to May 26, 27 and 28.

The charges have been laid indictably. A second charge of abduction would be withdrawn by the police, Sergeant W. W. Maloney said. Counsel, Mr S. G. Erber, said the informations had just been laid, and the defendant would enter pleas to the charges after the remand, which was to June 16. BURGLARY

John McKinnon Donnelly, aged 17, unemployed, was remanded on bail to June 19 when he pleaded guilty to a charge of burgling Andrew’s Mini Market on June 10 Sergeant Maloney said the proprietor of the shop called there at 9.50 p.m. on June 10. He found the back door open and saw a youth in the shop. The youth made off, but the proprietor noted his very distinctive jacket with the words “flagon wagon” written in red crayon on the back. The youth was seen later by a constable, to whom he admitted breaking into the shop and taking 77c. The Magistrate ordered that Donnelly be examined to determine his suitability for periodic detention.

ASSAULTED WIFE Peter Lawrence Harpur, aged 27, a motor parts manager, was fined $3O when he pleaded guilty to a charge of assaulting Anne Harpur, in the early hours of yesterday morning. He was represented by Mr D. H. Stringer.

The offence was essentially a domestic affair, Mr Stringer submitted. The defendant’s wife Iliad developed a close relationship with a boarder in their ' h,ouse, and the defendant was now practically a boarder there ; Himself. Separation proceedings had been started, he said.

ONE MONTH’S GAOL Rudy King! Murray, aged 23, a freezing worker was sentenced to one month’s imprisonment to . be followed by 12 months probation when he appeared for sentence on charges of assault- ' ing the police, obscene language, and resisting arrest, all at Lyttelton on June 4. “You have already been to Borstal, and shown -that fines are quite useless,” the Magistrate told Murray. “The Court should impose a sentence that will show ydu and others that the police are not to be treated in this way.” IDLE, DISORDERLY Two young women, whp were found in unkept condition on Thursday on the wharf at Lyttelton near the Port Adelaide, which was about to depart overseas, appeared on charges of being idle and disorderly in

that they had insufficient means of support. They were Patricia Rose Ratahi Midwood, aged 24, and Martha Matekino Popata, aged 17. Both werq unemployed. Sergeant Maloney said the police found them on the wharf at 6.30 p.m. Each said that after joining the ship at Picton. she came to Christchurch in the crew’s quarters and had stayed there on several occasions during the 12 days the ship was in port. Each had only a small sum of money. They were remanded on bail to June 19 for probation reports. HARBOURED GIRLS Peter Thomas Darby, aged 21, a steelworker, and James Clive Richardson, aged 18, unemployed, were convicted and remanded in custody to June 19 on three charges of harbouring girls who had escaped from a training centre. Richardson* was also remanded on a charge of having sexual intercourse with one of the girls. The defendants pleaded guilty to all charges. Three State wards escaped from the training centre on June 9 and they were found in a flat occupied by the defendants at 315 Manchester Street at 2 p.m. on Thursday, said Sergeant Maloney. The defendants said they learnt on Wednesday, morning that the girls were State wards but they did not want to turn them out. Richardson was found in bed with on-e of the girls and he admitted having intercourse with her several times.

THEFT AS A SERVANT A married woman who pleaded guilty to a charge of theft as a servant of goods worth $48.45 from her employers between March 21, 1969 and April 21 this year, was convicted and remanded on bail to June 19 for sentence. Her name was suppressed in the interim. She pleaded guilty arrd was represented by Mr S. G. Erber.

Sergeant Maloney said a complaint was made to the police about cuddle rugs worth 48c each, being missing from stock. The defendant’s home was searched and items including lace, elastic, domes, cuddle rugs, zips, sheets and mats, of a wholesale value of $48.45 were found. The defendant said she had taken the goods because she needed them in her home. FINED $3O Jillian Rhodes, aged 21, a machinist (Mr R. F. B. Perry), charged with theft as a servant of three cuddle rugs from Millers, Ltd, between January 25 and April 21, was fined $3O. She pleaded guilty. Sergeant Maloney said when the loss from stock of a cuddle rug was reported to the police inquiries were made and • one was found in the defendant’s handbag. She admitted stealing two on earlier occasions. Mr Perry said the offences occurred largely because of the influence of an older woman who had already been dealt with on a similar charge. The defend-

ant had been employed by Millers since she left school and she had been a good worker. The Magistrate refused to suppress her name. He said the charge of theft as a servant might cast suspicion on other employees if the defendant’s name was suppressed.

SENTENCED ON FIVE CHARGES Leslie Charles Montgomery, aged 17, unemployed (Mr M. G. L, Loughnan), appearing for sentence bn two charges of theft, one of unlawfully taking a car, driving while disqualified, driving without a licence and taking a bicycle, was sentenced to periodic detention for six months, disqualified from driving for 18 months and placed on probation for one year. The Magistrate warned Mont* gomery that as counsel had said he was “somewhat on the brink of a precipice” as far as his future was concerned. PERIODIC DETENTION

Appearing for sentence on charges of interfering with a car, assaulting a police constable and escaping from the custody of a constable on June 19. Reiata Ruka, aged 19, a labourer, was ordered to attend the periodic detention centre for six months and placed on probation for one year. TOOK BICYCLES Brian Desmond Marsh, aged 17, a driver, appearing for sentence on three charges of unlawfully laking bicycles, was placed on probation for one year and ordered to make restitution of $l5. The Magistrate said they were not very serious offences but were most inconsiderate as far as the owners of the bicycles were concerned. DISORDERLY BEHAVIOUR

“This was a disgraceful thing to say to a woman,” said the Magistrate when fining lan Keith Morgan, a sickness beneficiary (Mr M. J. Glue), $25 on a charge of behaving in a disorderly manner. He pleaded guilty. Morgan had annoyed a woman in the Bridge Bar of the Star and Garter Hotel on the evening of June 4 and he eventually used extremely offensive words to the complainant in a very loud voice, said Sergeant Maloney. The words were heard by most people in the bar. CHARGES ADMITTED

lan Stewart Smith, aged 18, an unemployed seaman, was convicted and remanded in custody to June 17 for sentence on charges of driving while disqualified and using obscene language. He pleaded guilty to both charges. At 10.20 p.m. on Thursday as the result of an accident in Lyttelton the police stopped a car at the tunnel toll plaza, said Sergeant Maloney. Smith got out of the driver’s seat and used the language complained of He admitted being a disqualified driver, having been disqualified for two years and a half on April 22. He had three previous convictions for driving while disqualified. OBSCENE LANGUAGE

Christopher Wayne Jordan, aged 17, a sheet metal worker, charged with using obscene language, was fined $5O. He pleaded guilty. The police were called to an

incident in Olliviers Road at 11.30 p.m. on Thursday and the defendant. was found standing in the middle of the road shouting obscene words at the top of his voice, said Sergeant Maloney. He had been drinking, but was not drunk. TOOK BICYCLE Bruce AJlan Macintosh, aged 25, an unemployed ,timber worker, was fined $3O when he pleaded guilty to a charge of unlawfully taking a bicycle from a person unknown on June 11. Sergeant Maloney said that when Macintosh was being quest!,oned by the Papanui police he admitted that tne bicycle he was riding did not belong to him. He had taken it when a tyre of his own bicycle was punctured. MISCELLANEOUS CASES In miscellaneous cases brought by the police, convictions and fines were imposed as follows with costs $5 in each case:—

Proceeded from stop sign before the way was clear: Cicely Florence Pratt, $l5, and disqualified for six weeks. Careless use: David Bruce Sam don, $2O, and disqualified for three months as from June 24. Failed to give way: George Edward Small, $25, and disqualified for two months, as from June 25.

Supplied liquor to person under 20: Merle Emily Stone,

Excessive blood alcohol: Maxwell James Ross, $l2O, and disqualified for three years.

(Before Mr J. D. Kinder, S.M.) INCOME TAX CHARGES Decision was reserved by the Magistrate on three charges against Nils Nor Nord and his wife. Elizabeth Mary Nord, of making false income tax returns on March 30, 1966 May 1, 1967, and February 9, 1968. They pleaded not guilty and were represented by Mr P. C. Champion. The charges were laid under the Land and Income Tax Act. 1954, and related to the defendant’s grocery business at 94 Gasson Street, Sydenham, which they had run in partnership since 1946.

The case had been adjourned from May 3, when prosecution evidence had been given of a discrepancy of $4582 between the income assessed at $8348 and the income ascertained of $12,930.

For the defence case, John Edward Barton, an accountant, produced a schedule of adjustments to explain in part the discrepancies in the returns. The schedule left an unexplained total discrepancy at $2616, but this figure was still subject to amendment in the defendants* favour. The witness said the firm of accountants of which he was formerly a partner had dealt with the defendants’ affairs since 1950. He had been responsible fof the preparation of tax returns in 1965, 1966. and 1967.

He could not give any explanation for the unaccounted dis-, crepancies shown in the schedule.

Under cross-examination, by Mr W. S. Smith, prosecuting for

the Inland Revenue Department, the witness agreed that every possible source had been exhausted to try to pin-point the deficiencies.

• Mr Smith: Would you agree that a possible explanation could be suppressed sales. Witness: That could be an explanation. The question of whether sales had been suppressed or not was an extremely difficult one to answer, but it was definitely possible. Another possibility was that payment had been made by cheque ,on Saturdays for accounts incurred during the week; and these cheque payments had not been entered in the cash book, said the witness. Mrs Nord said in evidence that a previous investigation of their income tax returns had been made by the Inland Revenue Department in 1962 and they were aware that another was to be made in 1967. No prosecution had been made as a result of the first investigation and no recommendation had been made that their accounting methods should be changed.

Asked bow the discrepancies might have arisen, Mrs Nord said she and her husband quite often bought wholesale hardware and other items from the warehouse for their customers. These had been sales without profit. Mr Nord said he did not notice any discrepancies in the income tax returns, and he could not explain them further. He did not have much to do with

the accounts and it had been more or less left to the accountant to prepare the returns. (Before Mr H. J. Evans, S.M.)

THEFT BY FINDING "The steps he did take to trace the owner of the watch were manifestly inadequate,” the Magistrate said when entering a -conviction on a charge of theft by finding. The defendant, Brian Graham Hadley, aged 24, a clerk (Mr M. J. Glue), pleaded not guilty to the charge of stealing a watch valued at >lO5, the property of a persoin unknown, between February 1 and March 31. He was placed on probation for one year.

Constable Boy Powell said the defendant was questioned about the watch when he was being interviewed about other matters on May 1. The defendant said he found the watch at New Brighton two or three months earlier. He had not advertised his find or advised the police, but he looked in the papers occasionally. He said the watch did not have a strap so he took it home and put an old strap on it.

The defendant said in evi- s dence that he found the watch ♦ two or three years ago at South , Brighton. It did not have a strap V and was not going. He got the impression the watch had been c washed in from the sea and had J" been in the sand for a long 1 time: 2

He said he thought the watch belonged to a seaman and did not expect to see its loss advertised in the paper.