MAGISTR4TES COURT Youth Convicted Of Taking Car, Burglary And Theft

Press, Issue 32333, 26 June 1970, Page 6

MAGISTR4TES COURT Youth Convicted Of Taking Car, Burglary And Theft

A youth who told the police that he had found a hotel door unlocked and decided

to go in and see what he could And, was convicted of burglary, theft, and the unlawful taking of a car when he appeared before Mr, E. S. 1 J. Crutchley in the Magistrate’s Court yesterday. He was remanded to July 2 for i a probation report, medical examination, and sentence. Kevin Raymond Prior, aged 17, unemployed (Mr G. R. Lascelles), pleaded guilty to the burglary of Forester's Hotel on June 19, the unlawful taking of a car valued at $lOOO from Kevin Crowe Motors, Ltd, on June 9, and the theft of two car rugs on June 12 from persons unknown.

Sergeant W. W. Maloney said that about 1.15 a.m. on June 19 two table lamps valued at $3O were stolen from Forester’s Hotel. Entry was gained from an unlocked but closed side door, and the property was removed from the private lounge on the first floor.

The manager was awakened by the noise and disturbed l the offender who made off! down the stairs with the' lamps. When questioned by the police near Oxford Terrace, Prior said that after entering the hotel through the unlocked side door he went to the lounge, drew the curtains, and had some liquor. He then removed the lamps from their stands and was in the process of removing a radiogram when disturbed. He had hidden the lamps under a box at the rear of the hotel and these were later recovered, though one was damaged. At midnight on June 9 Prior and another youth took a car from the yard of Kevin Crowe Motors. Ltd. They were apprehended by a night security officer, said Sergeant Maloney. On June 6 Prior went to a dance in Cathedral Square. He left at 10 p.m. and in the vicinity of Bealey Avenue he and another youth broke into a parked car and took two rugs. Prior kept watch for the police while his companion removed the rugs, said Sergeant Maloney.

FINED SlOO Russell James Brown, aged! 19, a concrete worker, was convicted and fined $lOO when he 1 pleaded guilty to the theft of 1 a man s woollen scarf valued at, $2.50 and one pair of leather, gloves valued at $6.15. Sergeant Maloney said that all at 8.40 p.m. on May 22 Brown i was trying on a pair of trousers in the changing room of a shop when he noticed the scarf and gloves in a coat. He removed these and walked out I with them under his coat. When| questioned by the police sooni after he said he had taken tliel articles without thinking. He 1 had been drinking.

The Magistrate said that the theft was not Brown’s first, although in this case it was unpremeditated and impulsive. DISMISSED A charge against John Richard Gillespie, aged 19, a customs officer (Mr H. J. B. Quigley), of behaving in a disorderly manner outside the Papanui R.S.A. Hall on June 12 was dismissed. He pleaded not guilty.

The Magistrate said the evidence before the Court was that the defendant had been set upon and there was no evidence to contradict this.

, “The constable was quite justified in doing what he did because there was a fight, but not every fight amounts to disorderly behaviour,” he said. Constable R. K. Milland said he saw the defendant struggling with another person outside the hall at 10.30 p.m. A large crowd had gathered about them. He said he arrested the defendant but the other person escaped. The defendant told the Court he had been set upon by the other person. He was defending himself when he was arrested. SUPPRESSED “Whatever may be the degree of suspicion, the only safe thing to do is to dismiss the information,” the Magistrate said when dismissing a charge of unlawful taking of a motor car.

The defendant, whose name was suppressed (Miss J. M. Manson), pleaded not guilty to the charge.

'The Magistrate said the case turned on the question of identification. The conflict of evidence posed a substantial question of credibility. DETENTION Although the offence appeared to be unpremeditated it was not the first of its kind he had committed, the Magistrate said when imposing a sentence of six months periodic detention on Grant Leslie Beatty, aged 17. an optical mechanic. The defendant appeared for sentence bn a charge of unlawfully taking a car on May 31. He was also disqualified from driving for one year. The Magistrate said the offence, was the more serious because of the long journey the defendant set out on, and because he was on probation at the time. THEFT CHARGE Edward John Harrison, aged 20, a blocklayer, was convicted and released on probation for 18 months when he appeared for sentence on a charge of stealing two cartons of gin valued at 896 from the United ; Service Hotel. : The conditions of probation | are that Harrison pay a fine of $5O. take out a prohibition ordler and abstain from liquor, and

I pay restitution of $4B for the carton of gin which was not recovered. DISORDERLY Sharlene Savage, aged 19, an unemployed factory hand, pleaded guilty to a charge of being idle and disorderly al Lyt•telton on June 24 in that she had insufficient lawful means of support. She was convicted 'and remanded in custody to July 2 for sentence. Sergeant Maloney said the defendant came to the notice of the Lyttelton police because of I her frequenting ships and hotels? She admitted she had been unemployed since her re(lease from Borstal on April 30. FALSE ENTRIES A man. whose name was suppressed (Mr L. M. O’Reilly), was convicted and remanded on bail to July 2 for sentence on three charges of making a false entry in his employer’s worksheet on May 19 and 20. He pleaded guilty.

PROBATION John McKinnon Donnelly, aged 17. an unemployed storeman (Mr R. L. Kerr), was placed on probation for one year and fined $5O when he appeared for sentence on a charge of burglary of Andrew’s Mini Market. Wainoni Road, on’ June 10. He had previously been convicted of the offence. REMANDED Trevor James Garlick, aged 34. a labourer, was remanded in custody until July 7 for the taking of depositions on a charge of attempting to murder William Francis Hale on May 30. Geoffrey Raymond Laird, aged i 17. a factory labourer (Mr J. E. •Butler): Kenneth Sydney Johns, aged 19. unemployed (Mr Butler); Brian Cyril Hoare. aged 117. an unemployed workman (Mr M. J. Glue): and Darryl William Davies, aged 17, a workman (Mr L. G. Holder), were remanded 'on bail to July 8 for the taking of depositions on a charge of rape of a woman on May 31.

TRAFFIC CHARGES In traffic charges brought by the police convictions were en tered and fines imposed as follows. with Court costs $5 ineach case: Drove carelessly: Gladys RoWera Page. $2O. disqualified [for one month. Failed to give way: Alfred James Fuller, $l5. (Before Mr H. J. Evans. S.M.) DECISION RESERVED Decision on three charges of burglary against Douglas Barry j Burton, aged 24, a plasterer (Mr R. F. Powell), was reserved till today Burton pleaded not: guilty to the burglary of A. C. Rhodes, Ltd. or? April 24, bur- j i glary of the Wainoni Garage,! Ltd. on April 27 and burglary; of a shed belonging to D. F. {Nuttall, Ltd. on April 28. Giving evidence Burton dejnied being involved in any of the offences and denied being | the owner of a screwdriver and jpinchbar produced in Court. FINED $lO Charged with assaulting Constable Brendan Norman- Thompson on May 29, Trevor Desmond { Gordon Garlick, aged 23, a {Social Security beneficiary (Mr A. K. Grant), was fined $lO. He pleaded not guilty. Constable Thompson said he followed the defendant and his, ibrother, who were arguing with' (each other as they walked along, Colombo Street. At the corner I of Cashel Street the two men stopped and started struggling | with each other. I When spoken to the men sepa ‘rated and the defendant swung at Constable Thompson with his {fist and hit him in the chest. | Corroborative evidence was igiven by Constable Gavin Max well McKay. Garlick said his brother 'started fighting with him Next

thing he knew a policeman s hands were laid on his shoulder. He said he went to brush the I hands from him and deniedl striking the constable. (Before Messrs J. C. Cotterell and L. C. Fulford. Justices of the Peace) COMMITTED FOR TRIAL Arnold William Oneroa. aged 26. a workman (Mr J. M. Wil-1 son), was committed to the Supreme Court for trial on a charge that with two others he robbed Peter James Mulvaney of $290 on May 12. He pleaded not guilty after depositions had been taken and was remanded on bail. (Before Mr K. H. J. Headifen. S.M.) DROVE WHILE DISQUALIFIED James Homi Paku. a storeman. was placed on probation for two years and disqualified for one year when he appeared for sentence on a charge of driving while disqualified. He was fined $6 for having no warrant of fitness and convicted and discharged for permitting an unlicensed person to drive his car. He had previously pleaded guilty and was represented by Mr L. M. O'Reilly Mr O'Reilly said that the charges laid against Paku were the result of statements made by a previous defendant in

Court. The offences had taken place a long time before and the defendant had freely admitted them although he had just fin ished a term of one month in gaol for driving while disqualified. As a Maori and because of his educational background the defendant had found it difficult to comprehend fully the sentences of the Courts. However he realised the implications of his actions and had committed himself to voluntary probation. CHARGE CHANGED A charge of driving at a speed which might have been danger ous against Gary James Grib ben, aged 19, was changed by the Magistrate to one of exceeding 30 miles an hour. The Magistrate said that although the defendant s speed had been excessive he had not changed lanes or caused any inconvenience to other traffic: this had been done by the car with which he was racing Gribben who pleaded not guilty was represented by Mr R. F B. Perry. FINED $25 William Douglas Sheenan. taxidriver. was fined $25 when he appeared on a charge of exceeding 30 miles an hour on the Main South Road through Hornby. He pleaded not guilty and was represented by Mr R. F. Powell.