MAGISTRATE’S COURT Six Weeks Imprisonment And Probation On Opium Charges

Press, Volume CX, Issue 32350, 16 July 1970, Page 9

MAGISTRATE’S COURT Six Weeks Imprisonment And Probation On Opium Charges

A 30-year-old artist was sentenced to six weeks imprisonment, to be followed by 1- months probation, when ne appeared for sentence on three charges involving the use of opium, before Mr P. L. Molineaux, S.M., Fn the Magistrate’s Court yesterday. Anthony Leslie Fomison was charged with using opium on May 19, possessing opium on May 20, and possessing a hypodermic syringe and needles on May 20. He was represented by Mr G. R. Lascelles.

Mr Lascelles said that unlike some marijuana users, who took the drug for the experience and persisted using it in spite of the law, Fomison was an occasional abuser without the motivation to persist. He had a history of treatment overseas and there was a clear indication that this was not a wilful transgression of the law, but a resort to assist him coping with his personal disabilities. “If he were to be imprisoned because of public distaste nothing worth while would be achieved except as a deterrent to others. But I'm sure the- public is already well aware of the danger of drugs,” said Mr Lascelles. The Magistrate said that the police statement indicated that Fomison had admitted injecting himself with opium and that he was dependent on it. A small quantity of opium and a needle had been found in his bedroom. "The responsibility of the court is a heavy one.” said the Magistrate. “On the one i hand here is a person of sen- ; sitivity and a degree of recognition in the field of art. He is held in high esteem' by ■ three prominent persons in, the community who have sub-’ mitted testimonials. He .is ' otherwise a law-abiding cfti- ■ ren, yet by his own volition has progressed from marijuana, to amphetamines, to opium. “It is widely recognised ’ that opium and heroin lead ; to physical and psychological , dependence and can destruct personality and bodily pro- , cesses. The use of opium is ' illegal. Wherever there is a user there is a supplier, and ’ the evil continues. An effort j must be made to prevent the . escalation of something dis-i ruptive of society, and in the 1 public interest the possession of hard-line drugs requires a , firm hand,” said the Magis- i trate. ( TEN CHARGES “The Courts have shown you « good deal of leniency and a great deal of tolerance.” the « Magistrate said when Alexander Eugene Pierre Sampson appeared j for sentence on three charges 1 of unlawfully taking a motorrtr. five of interfering with a J car and four of theft. Sampson, aged 17, a poultry-hand (Mr D-, ’ M. Palmer), was remanded.until i July 22 for medical examination for detention centre training, j Bail was allowed. The charges all arose, from an < incident around Hawarden and Waikari on June 9. The Magistrate said that Sampson had unlawfully taken a car from Christchurch and driven ‘ Into North Canterbury where he : had interfered with other cars 1 and taken things from them. “Ilwas prepared to let you out on! 1 probation but the nature and}: complexity of this matter pre-; eludes it,’’ Mr Palmer said that Sampson had a record but had managed to be honest for the last two veers. His home life had been bad and it seemed there would be advantages in having him removed from bis family. THREE MONTHS GAOL A term of, imprisonment for three months was imposed on Norman William Cole, aged 49, an unemployed press operator, when he appeared for sentence

g on a charge of obtaining monej • and clothing worth 137 by « false pretence on May 11. y Mr D. H. P. Dawson, who ap n peafed for the defendant, said n he only started offending at the age of 36. He had matrimonia' e troubles, lost bis job and lost his direction in life. , At the time of his latest of >* fence he had been drinking while taking tranquilising drugs a “He was found in a weakened a mental state by two fellows whe 5 thought they could take advantg age of him. The defendant gol nothing out of it except the B loss of his liberty,” he said. g ESCAPED FROM GAOL David Charles Rueben Lowe and Raymond Forrester, both prison inmates, were convicted - and remanded until Friday on ■ charges of escaping from prison ’ and unlawfully taking a car. • Both men pleaded guilty. ’ Sergeant R. B. Kench said that . the two had escaped from Paparua prison in the early hours of ' July 8 after the cell-bars of ) Lowe’s room had been sawn f through. They had climbed down a sheet and made off - across country. They had taken t a car in Islington by crossing . the wires to start it, but they had been apprehended nearby. Lowe had claimed that he had I discovered some hacksaw blades in the exercise yard by accident but the tools had been stolen from the prison workshop, • Serge-ant Kench said. BORSTAL TRAINING 1 Calvin Lewis McLaughlan, ; aged 20, unemployed was sent , to borstal when he appeared for sentence on a charge of ' being idle and disorderly and ' after pleading guilty to a charge of breach of probation. The Magistrate, who described McLaughlan as unkempt, said that- the police had found him asleep in a billiards room. He apparently refused to work, spent his life in idleness and always seemed to* break the terms of his probation. “H you pulL yfiUrselr together you win soon be out of borstal,” the Magistrate saidASSAULT, FALSE PRETENCES •Philip George Birchfield was remanded until July 22 tor medical examination and sentence when he appeared for sentence on charges of obtaining a car by fraud, arid' assault. The assault charge arose out of an argument the defendant had . with, his girl friend in Mastertoy #nd the other charge from an incident shortly afterwards in Christchurch wheff the defendant made out his cheque book to look as if he bad 8900 in his account* The Magistrate said that after obtaining the car the defendant had driven to the West Coast, showing that his offence was the result of careful planning and considerable cunning. Birchfield was fined. $5O (or the assault. He was not represented. UNLAWFUL INTERCOURSE Robin Yeatman. aged 18, an unemployed factory worker, was released on probation for 12 months when he appeared for sentence on a charge of having unlawful sexual intercourse with a girl aged 14 years. TRAFFIC CHARGES In traffic charges brought by the police, convictions were entered and fines imposed as follows, with Court costs $5 on each charge: Opening door so as to cause injury: Edward Bryson Graham, $25. Failed to give way: William George Jpy, $2O, and disqualified for a month. Careless use: Valerie June HaU, $l5. Permitted unlicensed driver to drive: Tony Richard McGregor, $l4. Person under 20 purchased liquor: Christopher Paul Brown, (Before Mr H. J. Evans. S.M.) RECKLESS DRIVING by any standards, the driving performance of this defendant is almost unbelievable,’ the Magistrate said when entering convictions against Andrew Kenderdine Milne on [charges of reckless driving and failing to stop for a traffic • officer on April 27. The defendant, aged 21. a university student, was fined $125 and disqualified for three years on the reckless driving charge, and fined $5O and disqualified for an additional year on the charge of failing to stop for a traffic officer. He pleaded guiltv to both charges. After hearing a statement of facts on the offences prepared by a Ministry of Transport traffic officer, the Magistrate said that having heard the full

r recital he hoped the defendant i did not have to have explained to him why his driving wa« ; re- ■ garded as reckless and I ponsible. ■ ■ When apprehended by the traffic officer after an etghtL mile chase in the Halswell area the defendant said he could ' not understand why he was not ’ charged only with exceeding ; 30 miles an hour or 50 miles ‘ an hour. “The defendant's behaviour > completely passes my compre- , hension,” the Magistrate said. Traffic Officer T. Apes said the defendant s car came to his notice about 11.30 p.m. when he saw it travelling east on 1 Springs Road near Garvins ftoad at a speed of about 40 miles an 1 hour. The defendant’s car 1 reached 65 miles an hour on the Main South Road and he pulled alongside and indicated that the defendant should stop. The traffic officer said the defendant pulled up near Curletts Road, but as he walked over towards his car the defendant made a sharp U turn and travelled west on the Main South Road at about 70 miles an hour. During the chase which followed on the Main South Road, Blenheim Road and back to , Springs Road and into Halswell Road the defendant’s speed was ' estimated up to 85 miles an , hour During part of the chase he drove without lights. The defendant drove into Brenda Place, a street without ' exit, and the patrol car was , narked across the narYow road- ( way to block his escape. The 1 defendant turned and drove his 1 car across a section on which j a house was being built and < out of Brenda Place,' but was 1 stopped soon after jn Balcairn 1 Street. When apprehended the defendant was. in a distressed i state amd would not co-operatit with the traffic officer. His kexs were taken from him and he was forbidden to drive. The defendant said he decided to make a dash for it when he was stopped near Curletts Road because he could not afford to pay a traffic flne.v | TRAFFIC OFFENCES In other Ministry of Transport traffic prosecutions conviction!* were entered and fines imposed as follows, with costs of $5 in each caseirExceeded 30 miles an hour: Penelope . Mary Tripp, $B- - Robert Gibbons, $25: Manson Macneill, $8: David Neilson, $10: David John Niblett. $l6: Bruce Henry Knox, $18:! David John Meechin. $l2: Ann Jones, $25; Maxwell Jame c Harris, $10: Anthony Robert Ellis. $23; Graeme Ross Carlson, $10: Robert Donald Munro. $2O” Phillip John Nimmo, $2O: Christopher Senior, $10: Clive William Washington. $10; Leo Joseph Wenborn, $9; Kevin Witte, $2O: Gordon Leslie Freeman, $25; Michael Kenneth Bowkett, $10: Evan John; Thatcher, $25; John Owen j Wilson, $2O; John Arthur: Browne, $9: John Davidson i Bryant, $l2: James Alfred pur rows. $10: Bevin lan Cagne. $10: J James Francis Collins, $10:; Robert Moreton Douglas. $lO- - John Foster. $10; Gran* Edward Goulter. $10; Morris James Graham. $10: Lynsey Mar-; garet Harris. $3O: Philippa Mary Keetley, $2O: Ronald Douglas: Kennedy. $10; Peter John King, i $10: Kenneth Mundy. $10: Mel 1 bourne Orange, $11; Bryce. Douglas Wood, $10: Timothy Moore. $lO. j Excessive blood alcohol con-i central ion: Lewis Alexander’ Buchan, $7O. disqualified for; nine months from July 29; John Ferguson McEwan. $6O. dis-i qualified lor six months. 1 Failed to stop at sign: George ► Julius Armstrong, $7: Grahame; Sanderson Inglis, $7; George 1 Edward Sanford, $l2: Ronald, Ernest Warburton. $l2: Henry | Fredrick Bruce. $l2. Failed to comply with traffic’ lights: Winston Mearil Yeatman. | $2O: David Wilson Ives, $l6: , Adrian Kuyf. $2O: Bronwynl Leslie Wix, $l2. Careless driving: Jeanette Catherin York. $lO. Proceeded from stop sign. before way clear: Valerie, Anne Vance, $7; Roger Hugh’ Davey, $7. -. f ' Gave false name: Kevin Paul Rowe. $25 (no driver's licence. $lO. no warrant of fitness, $5). Passed within area of nopassing lines: Andrew Panton Cowie, $2O, disqualified fori three months from July 29. Failed to display L sign: Donald Geoffrey Maurice, $4 No rear red liejit: Desmond; John Millward, $5. ; Exceeded, 60 miles an hour: [ Graeme Arthur Bannan, $l2: 1 Michael Patrick O Neill, $7.

Exceeded 40 miles an hour: Sydney -Julian Clarke, $l2. Dangerous speed: William Heber John Hewson, $5O, disqualified fqr one year. (Before Meeslrs O. 0. Mitchel) and A. H. Marker. Justices of the Peace) TRIAL BY JURY Benjamin Richard Kora, aged 47, a machinist, was charged with being a rogue and vagabond in that he was found by night without lawful excuse in an enclosed yard at 230 A Stanmore Road on June 26. He was not represented by counsel and offered no defence. He was committed to the Supreme Court for trial. Evidence was given of Kora having been found at the Stanmore Road bridge by police who had been called to 230 A Stanmore Road after reports of a man being seen in the backyard there.

The prosecutor (Sergeant W. W. Maloney) said bail was out of the question because Kora was already in custody on other matters.

Three-quarters of a case of gelignite and about 1650 detonators were stolen when the explosives magazine of Ashby Bergh and Company, Ltd. was burgled twice in June, the Court was told when Makahuri Butler, aged 28, a driver, appeared on charges of burgling the magazine on June 2 and June 14. and of stealing 11 cans of mutton birds valued at $lBO on June 14.

Sergeant Maloney called 10 witnesses, and produced 16 exhibits. The police opposed bail, and after submissions had been made in chambers by Sergeant Maloney and counsel (Mr J. E. Butler), the accused was remanded in . custody for trial in the Supreme Court.