MAGISTRATE’S COURT Probation, Fines For Youths Who Counterfeited Coins

Press, Volume CX, Issue 32349, 15 July 1970, Page 8

MAGISTRATE’S COURT Probation, Fines For Youths Who Counterfeited Coins

Two youths convicted of forging and uttering counterfeit 20c coins, and theft, were lined a total of $l5O each and released on probation for 12 months when they appeared for sentence yesterday in the Magistrate’s Court before Mr P. L. Molineaux, S.M. Allan Watts, aged 20, an air traffic control cadet, and Victor Wysocky, aged 18, a fitter and turner, had previously pleaded guilty to the charges. They were jointly charged that between May 4 and May 11 they falsely made florins and 20c pieces resembling current coins; that during the same period with intent to defraud they uttered forged coins; and that on May 9 they stole 10 packets of cigarettes worth $3.20 and 70c in money. Watts was also charged with the theft of 10 packets of cigarettes and change on May 8.

The defendants were fined $lOO each on the forgery charge; $5O each on the uttering charge; and ordered to pay $5 Court costs on the theft charges. The Magistrate said the charges were laid after the defendants made counterfeit coins of lead from a plaster mould and used them in cigarette machines to obtain cigarettes and a small amount of change. “These offences are veryserious and calculated to

cause alarm in the minds of the public. But on perusing the probation report and hearing counsel in mitigation I am satisfied this matter should be looked at in the nature of an escapade by young persons rather than anything sinister. “Thfese boys set out to beat the system, and in doing so they committed these serious offences,” said the Magistrate. The offences were an extremely foolish escapade, but both defendants should respond to the supervision of probation and lead perfectly satisfactory lives from now on. For the defendant Watts, Mr J. G. Leggatt produced testimonials and said he had never been before the Court previously. The offences were I a piece of irresponsibility) stemming from his leaving; home, where he had now returned. Mr Leggat suggested that Watts could be discharged without conviction under Section 42a of the Criminal Justice Act, but the Magistrate said he did not consider this a proper course. For Wysocky, Mr P. J. Thompson submitted that at no stage had he had any idea of the seriousness of what they were doing, and the likely repercussions. Their apprehension stemmed from

a chance remark by the; brother of one of them. Wysocky had a good work record, and had gone to the; police and voluntarily informed them of his part in' the offerices. THREE CHARGES Pestering from three tow truck drivers to tow away his car shortly after he had been involved in a bad accident contributed to the defendant losing his temper and subsequently being charged with disorderly behaviour and resisting a constable, his counsel told the Court. Alan Napier Dingwall, aged 17, an apprentice panel beater. , pleaded guilty to behaving in , a disorderly manner on June 20, resisting constable R. D Poulsen in the execution of his duty, and driving with an excesslve blood-alcohol ratio. He was fined sso and disquali- ' fled frofn driving for two years ' on the driving charge, 525 on • the resisting charge, and S 5 Court Costs on the disorderly behaviour charge. < Senior-sergeant F. G. Mui- < care said that at i. 05 a.m. on | June 20 the defendant had lost < control of his car at the corner of Blighs Road and Win- i dermero Road and struck a i tree. i A girl in the front seat re- ; quired 34 stitches for head j Injuries suffered when her head hit the windscreen. i Police thought the defen- < dant had been drinking and he j was asked to take a breath test. He refused this but said t be would take g blood test. 7 When the defendant's parents arrived on the scene the , defendant abused them and j tried to hit his father. He began screaming abuse at tow j truck drivers and bystartders and when arrested for disorderly behaviour struggled violently and had to be handcuff fed. ■: 'j ' t A later blood test showed the f defendant had an alcohol to ( blood content of 200 milligrammes per 100 millilitres, « said Senior-Sergeant Mulcare. s

In mitigation. Mr R. F. B. Perry said the defendant had suffered bruising and head lacerations in the collision. The tow truck drivers were soon pestering hfm. the police were trying to interview him, and the defendant was concerned about his passenger, whom he was not allowed to see. The car involved in the accident was the defendants father’s, and he now had to pay for the damage to the vehicle, said Mr Perry. Sentencing the defendant, the Magistrate said he would make some allowance because the defendant was affected, by liquor tO- some extent. RES ER VOM>EqSI O N Giving a reserved decision, the Magistrate said he found a charge of driving with an excessive blood-alcohol content proved, and imposed a fine of $lOO, with 18 months disqualification. on Maurice James Lepper, aged 33, a commercial traveller. Lepper (Mr S. R. Mating), had pleaded not guilty to the charge. Mr Maling’s submissions, that the breath test had not been properly carried out, were based on the facts that the defendant had blown into the breath tester three times, had not properly filled the bag, and that the time taken for this was also more than the time prescribed in the section. The Magistrate dealt with the submissions by examining the wording of the relevant section of.the Transport Act. The section said the breath tester should’’ be fully inflated in one breath, and in 10 to 20 seconds. If these conditions were not fulfilled, strictly speaking, it would constitute a failure on the defendant's part .to supply a breath test, rather than a failure by the traffic officer to administer it. Because the tester gave a posi-

■ ■ live result, the officer was jus-| , tlfied in taking a “common* ■ sense’’ approach and treating I it as a failed test he said. I A further submisioin by Mr! . Mating that the officer did not I have good cause to stop the; ’ defendant was also rejected. Mr Maling said there was a< J conflict of evidence concerning I the defendant's driving, and: this should be to the advantage) : of the defendant. The Magis-1 i trate said there was no other , explanation of why the defen- ' dant's car was weaving and! the officer had good cause to I , suspect the involvement ofi liquor. In setting the penalty, the Magistrate said the defendant! ! had been driving for 19 years, I and. because he showed a good! sense of public service in community affairs, he was entitled to draw on his “reservoir of citizenship at times like this.” STOLE LEAD On .a charge of stealing 721 b of lead, worth?sl2. the property of Peter John Diver, on or; about June 29. Reginald Brian 'Price, aged 37. an unemployed: ’labourer, was convicted and ’fined $3O and ordered to pay restitution. He pleaded guilty. Senior-Sergeant A. G. Adcock said the defendant admitted. removing the lead flashing from the chimney of a house occupied by himself and his; de facto wife at 11 Packe Street.) The defendant said he sold the; lead to a dealer for $6.50 to buy food. STAMP CHARGE Donald Ross Tyson, aged 30, a medical orderly was re-’ manded on bail to July 21 when he appeared on charges of stealing 14 stamps, worth'; $B3B, from Ronald Frederick Savill, between April 1 and! July 10 and breach of probation. No plea was entered.

> SUPPRESSED A man, whose name was ! suppressed <Mr J. N. Matson) was convicted and remanded on bail to July 21 for sentence ; when he pleaded guilty to a ; {charge of stealing a car tyre valued at $12.90 on May 14. : i Senior-Sergeant Adcock said the tyre was stolen from the ; railway goods shed at Sock- ; burn when the defendant was ; loading other goods on to a i truck. The defendant took the tyre 1 on the spur of the moment j when his companion dared ■ him to do so and told him he i would not be . suspected. He ] sold the tyre for $6. ASSAULTED WIFE < On a charge of assaulting his ; wife on July 8. George Raymond Burnett Newman, aged 23. a : truck driver, was convicted and ' fined $4O. He pleaded guilty. Senior-Sergeant Adcock said ' the defendant punched his wife I several times about the arms ' during an argument, and caused 1 severe bruising. I MISCELLANEOUS OFFENCES In miscellaneous police prose-; cutions, convictions were entered and fines imposed as follows, with costs of $5 in each case:— Careless driving: Bruce Ray-j mond Harrington. $2O. disquali fled for three months (failed to give name and address after! accident. $B. no driver s licence. ' $l4). Failed to give way: Douglas Leslie Watston Cunningham, $25: Graham Desmond Johnstone. $25. Found in hotel bar while under age: Gregory David; Martyn. $B. Supplied liquor to under-age person: Martin Gerald Burke. $l2. Failed to notify sale of car: 1 Raymond Ernest Welch, $4. ..(Before Mr H- J. Evans, S.M.) ! miscellaneous charges 1 In miscellaneous prosecutions, were entered and fines imposed as follows, with Court costs $5 on each charge: Drove while alcohol in blood exceeded 100 milligrams of alcohol per 100 millilitres of blood: Stuart David Campbell. $65. disqualified from driving

for 12 months. Failed to furnish Income tax return: Amberley Tearooms, Ltd, $7,- Chemical Specialities, Ltd, $l2: H. E. Collins; Ltd. $10: Dens Work?, Ltd. $lO, Orthosal, Ltd, slof Kapples Photo Laboratories, $7; Kydds Butchery, Ltd, $7: lan Sathorley, $10: Kenneth) Brian Stockman, 115; Sterling Credits. Ltd; $lO. I Failed to close shop: Peter Arnold Nieuwenhuyzen. s'6: Gordon Alan Warwick Hill, $6 Sold mlhced meat with excessive amount of sulphur dioxide: Elliotts Grocery, Ltd, $10: M. M. Hibbard. Ltd, $7: Dohertys. Butchery,. $lO (package not labelled legiblv. Court costs $5): j Frederick Richard Morris. $10: George Trevor Wilson. $lO. . Threw rubbish into watercourse: John William Moorehead. $lO. Overtook another vehicle in Lyttelton Road Tunnel: William Groom. 15, Unlicenced television set: Milton Douglas Aiken, $10: Fred erick Alleyne. $lO (unlicenced radio, $4); Douglas Bruce Bradtley, . $8; Mary Candlish, $l2: Anthonv John Chapman, Sift:. Alan . Connal Gibson. $l5 (unlicenced radio, $5); Thomas Graves; $lO. Unlicenced radio: David Glasson, $5. CIVIL CASES Orders on judgment summonses were made as follows: Robert John Burnett, malt company employee, Bordesley Street, to pay Alan Hugh Blake $213.45, in default three months imprisonment. warrant sus pended as long as defendant pays $3 a week. P. Cassidy, labourer, Auburn Avenue, t‘o pay P. Z. Harris and Associates $78.80. ($2 or 42 days): R. E. Chaney. * porter. Lincoln to pay Group Rentals (N.Z.) Ltd, $51.63 ($2 or four weeks): Raymond Croat, workman, Dunarnan Street, to pay Apex Tyre

{Retreading Company, Ltd, $23 ($1 or 14 days): R. Conrad, worker. Dickson Crescent, toj pay Peter Pan Studios $19.5 isl lor 11 days): N. E. Crook, inspector, Camden Street, to pay I Christopher Chapman $25.49 ($1 ;or 15 days): B. Roo, carpenter, Osbourne Street, to pay Dobson I Service Station. Ltd. $83.48 ($2 ior 45 days); W. G. Duffell, work(man. Princes Place. Kaiapoi, to I pay Archibald McColl Black $49.14 ($2 or 28 days): Alan I Colin Gibson, workman, Jerrold Street, to pay the Post Office $23.83 ($1 or 14 days): Eric ‘Ronald Alphonsis GilliganKingsley, stoker. Chester Street, to pay the Post Office $37.35 ($ll |or 21 days): J. Hamilton, workjman. Marshland Road, to pay; | Newton Motors, Ltd, >52.61 (s2i |or 30 days). K. S. Hannafin, salesman. Yaldhurst Road, to pay Crowes Garage, Ltd. $95.95 ($1 or seven weeks): John Davely Hewson. Hampshire Street, to pay Christ-; church Lyttelton Road Tunnel Authority $49.50 ($2 or 28 days): ! !a. Jellyman. labourer. Blankney' Street, to pay Rovds Bros, andi Kirk. Ltd. $16211 ($2 or 12 weeks): Ronald Kay. spray painter. Avondale Road, to pay; iK. Tyler $44 ($2 or 25 days): iH. J. Kerr, farm employee. I Kaiapoi, to pay J. and C.| Palmer. Ltd. $34.94 is2 or 201 tdays); L. W. Landery, clerk. Murray Place, to pay G. S.. | O’Brien $92.50 ($4 or seven i ; Weeks): G. Leith. spinster. I Fielding Street, to pay Vincenti "Davis $185.5(1 <s2 or 12 weeks):). R. W. Mackie, warehouseman. ! j Bermuda Drive, to pay the United Insurance Co., Ltd. $46.80 |isl or 26 days): Paul John.; • Morris, truck driver. Leaver!) Terrace, to pay the Post Office i $16.41 ($1 or 10 days); John, Noel Nicholls, gardener. Madras' ;Street,, to pay John Plummer. Ltd. $36.60 ($1 or 20 days). I i R. J. Pattison, railwayman. I Halberg Street, to pay Amuri ( Motors, Ltd. $60.53 <s2 or 33 ; days): P. D. Peoples, workman.; Sinclair Street, to pay Moller: and Young. Ltd. $23.75 <sl or 14 days); Norman H. Robinson, labourer, Coleridge Street, to pay Richard Albert Cornwell $l4 ($2 or eight days); J. R Sheldon. workman. Eureka Street, to pay New Brighton Cash Timbers, Ltd, $140.25 ($3 or 10 weeks); W. Stevenson, factory hand. Seaion Street, to pav R. D. Salt $24.92 ($2 or 15 days)*; D. R. Thompson, workman. Manchester Street, to pav G. Davey $68.40 ($2 or 35 days): B. Tuhura. workman. Riley Cres-, cent, to pay Jordans Fruit Shop’ $38.82 ($2 or 20 days): S. D. Turvey, workman. Carisbrook Street, to pay New Brighton Cash Timbers, Ltd. $49.76 <s2 or 28 days); Te Hois Wikiriwhi. civil servant. Walcct* Street, to pay A. B. Carpenter $24.20 ($2 or 15 days): Warren Williams, factory worker. Union Street, to pay Lester Edward Goslin $7B: <s2 or 42 days).