MAGISTRATE’S COURT Gaol For Six Months For False Pretences

Press, Volume CX, Issue 32346, 11 July 1970, Page 10

MAGISTRATE’S COURT Gaol For Six Months For False Pretences

Noel Wayne Pow, aged 24, was sent to prison for six months when he appeared for sentence before Mr P. L. Molineaux, S.M., on 10 charges of false pretences and one of a breach of probation in the Christchurch Magistrate’s Court yesterday. Pow’s counsel (Mr C. A. McVeigh) said that Pow had been a salesman for a city company at the time of the offences. His employer had moved to Auckland and told him that money owing him would be remitted. The defendant had subsequently opened a bank account and drawn cheques, thinking that the money would come, but it had not been sent “The defendant feels that he was left holding the baby,” Mr McVeigh said. The defendant had already gone about arranging complete restitution, counsel said, and the money he bad obtained from the cheques had ail been spent on necessaries. “My client is singularly immature and has serious instability of character,” Mr MeVeigh said. "He did not report to the probation officer because he felt afraid.” Sentencing Pow the Magistrate noted that one of the false pretences charges related to drawing cheques on his mother’s account aftei she had made it clear that she would not be responsible for debts incurred by him. The defendant had been put on periodic detention twice before, and each time had continued to offend afterwards. NINE MONTHS IMPRISONMENT Describing the defendant as incorrigible, the Magistrate sent Stuart James Wilson to prison for a total of nine months when he appeared for sentence on charges of unlawfully taking a motorcar, a power-cycle and driving while disqualified. The defendant had taken the vehicles and ridden around town on them for what he described afterwards as “kicks,” the Magistrate said. It was his ninth appearance for unlawfully taking cars and his fourth for driving while disqualified and he had shown a reckless persistence in carrying on this way. Wilson, aged 22, a stoker's labourer, was imprisoned for three months on each charge, to be served cumulatively and disqualified for one year.. He was not represented. CREDIT BY FRAUD “The defendant seemed quite proud of her achievement, and said she had committed far more offences than those complained of,” Sergeant V. F. Townshend said when an unemployed machinist appeared on six charges of obtaining credit by fraud. The defendant, Linda Judith Benton, aged 21, pleaded guilty to the charges which Involved the obtaining of motel accommodation on five occasions amounting to >9l, and obtaining groceries worth >2.21 on another ■ occasion. The offences were committed between June 24 and July 5. Sergeant Townshend said the defendant admitted she had no intention of paying for her accommodation when she booked in at the motels. On each occasion she said She had no money with her but was expecting it to be sent to her. The defendant was convicted on all charges and remanded in custody to July 17 for sentence.

The Magistrate said she had been convicted of 10 offences of the same nature tn January.

TWO MONTHS GAOL Ned Rimina Ihaka, aged 23, a drainlayer, was convicted and sentenced to a total of two months imprisonment when he S leaded guilty to charges of ehaving in a disorderly manner in Avonslde Drive and wilfully damaging a car windscreen on July 9. The Magistrate said the defendant had previous convictions of a similar nature, and probation was out of the question. Sergeant Townshend said the offences occured after the defendant had driven into a night club car park in Avonside Drive behind the complainant's car. After entering the car park the defendant closed the gate and threw some object through the car window, smashing it and injuring a passenger. He was unknown to the complainant and his passengers. The defendant was ordered to pay restitution of *45.31. TEN CHARGES Alexander Eugene Pierre Sampson, aged 17, ■ poultry hand (Mr D. M. Palmer), was convicted and remanded on ball until July 15 tot sentence when he pleaded guilty to five charges of unlawfully interferring with motor vehicles and four charges of theft from cars of property worth >294.50. He was further remanded to the same date for sentence on a charge of unlawfully taking a car on June 9. He had previously pleaded guilty and been convicted of the offence. All the offences were com-

mitted on Juno * when the defendant and a companion took a car from Christchurch and travelled to North Canterbury. HOUSE BURGLARY Dean Mushet, aged 19, a packer, pleaded guilty to a charge of burglary of a bouse In Rudleigh Street, on July 9. He was convicted and remanded in custody to July 17 for sentence. Sergeant Townshend said the police were directed to an unoccupied house in Rudleigh Street about 2.49 p.m. after a man had been seen climbing through a window. The defendant was found crouching in a closed wardrobe. The defendant had a number of coins and banknotes In his possession, and admitted taking them from a drawer in the house. He said he entered the house to see what he could steal. FINED 5109 Gerard Charles Geehan, aged 20, a truck driver, was fined >lOO and ordered to pay restitution of >07.17 when he was sentenced on a charge of theft by failing to account to his employer, the N.Z. Express Company, Ltd, in May. He was also placed on probation tor IS months. INSULT POLICE The defendant had called out, “Button your Up copper,” and "You Maori, you," to a Maori constable. Sergeant Townshend told the Court when Ronald David Terris appeared on a charge of using insulting language. Terris, aged 35, a truckdriver, pleaded guilty and was fined >3O. The incident took place outside the Leander Night Club on July 9 when the police were trying to question another man. FINED *4O Caroline Margaret Goodburn, aged 19, a machinist, was fined *4O on a charge of falling to report to a probation officer in Wellington. Goodbum had failed to report when she was on parole after borstal training in Wellington. She pleaded guilty and was not represented. TWO MONTHS IMPRISONMENT Noting that the defendant bad previous convictions for receiving, theft as a servant and being unlawfully on premises the Magistrate sentenced Donald Stanley Henderson to two months imprisonment on a charge of theft. Henderson, aged 27, bad been previously convicted for the, theft of a record player which be bad bought on hire-purchase . and then pawned after defaulting on the payments. CYCLE THEFT Lindsay Melvin Jemmett, aged 20. a builder's labourer, was convicted and fined >5O and ordered to make restitution of >7.50 when he appeared for sentence on a charge of stealing a bicycle worth >2O on June 29. He was directed to take out a prohibition order. (Before Mr W. F. Brown, S.M.) TRAFFIC CHARGES In traffic charges brought by the Ministry of Transport, convictions were entered and fines imposed as follows, with Court costs >5 on each charge: Drove carelessly: Norman Edward Caldwell, MO, disqualified from driving for six months, and ordered to attend three traffic lectures. Failed to comply with traffic lights: David Bathbone, *B. Drove wblle alcohol In blood exceeded 100 milligrams of alcohol per 100 milfilitres of blood: David Koroinga Walker, >75, disqualified from driving for one year. (Before Mr H. J. Evans, S.M.) DISCHARGED William Roger Hannahan, aged 35, a railways employee, was discharged without conviction under section 42 of the Criminal Justice Act after the Magistrate had found a charge of stealing a paperback book from a shop had been proved. He pleaded not guilty and was represented by Mr G. T. Mahon. Hanrahan was alleged to have put the book in his pocket while at a suburban dairy on May 1. After hearing the evidence, the Magistrate said the only possible conclusion was that the defendant knew he was committing a theft, ‘‘lt appears to have been an Isolated lapse—l hope It will be the last one as tar as he’s concerned,” the Magistrate said. Because of Hanrahan's excellent work record and character, the Magistrate said, he would not enter a conviction. Hanrahan was ordered to pay >25 towards the cost of prosecution, and M-50 witnesses’ expenses. PERIODIC DETENTION Dennis Myall, aged 22, a moulder, was sentenced to nine months periodic detention when he appeared for sentence on a charge of driving while disqualified. Counsel (Mr S. G. Erber), had made Ms submissions earlier in the week, and the Magistrate then Imposed the sentence subject to a medical test, the results of which were put before the Court yesterday.

MAXIMUM SENTENCE Trevor Keith Lagan, aged 21, a diver, was sentenced to three months imprisonment on a charge of driving while disqualified bn May 28. On two other charges of driving without a licence, and two of obstructing traffic officers, he was convicted and discharged. Counsel (Mr R. F. Powell), said he could advance practically no extenuating clrcumexcept that Lagan was going to buy something when hto was caught. "In March last, it was my

duty to sentence you on cbargee of burglary and theft,” the Magistrate told L*e*n. "Tbooe offences very nearly took you into prison for a substantial term, and it was only because of a very strong recommendation from the probation officer that I admitted you to probation. "You were then dtuquaWlod from driving for two years. I take no satisfaction in bringing home to you that that was a real warning and no* a bH of good advice. T ’ be said. "The highest Court in this land has reminded everybody that it is the duty of every court to treat the offence of driving while disqualified with the maximum severity. 1 am going to sentence you to nothing less than the maximum—and that is three months imprisonment." On another charge of driving while disqualified on June It. to which he had pleaded not guilty, Lagan was reman-

EXCESSIVE ALCOHOL Ross Alexander McNally, aged 22, a postal clerk, was fined >2O and disqualified for six months when be appeared on a charge of driving with a blood alcohol concentration exceeding. 100 milligrams of alcohol to 100 millilitres of. blood, on November 10. He pleaded not by Evidence was given by Traffic Officer B. Stock of the defendant failing two breath tests, and of subsequent' analysis 0* Ms blood showing a concentration of 115 milligrams.