MAGISTRATE’S COURT Driver Admits Charge Of Fatal Carelessness

Press, Volume CX, Issue 32382, 22 August 1970, Page 16

MAGISTRATE’S COURT Driver Admits Charge Of Fatal Carelessness

Gregory Wayne Withell, aged 22, a freezing worker, was fined $75 and disqualified from driving for 18 months when he appeared before Mr P. L. Molineaux, S.M., in the Magistrate’s Court yesterday, on a charge of causing the death of Joy Logan Fryer by careless driving on April 12. He pleaded guilty and was represented by Mr K. N. Hampton. The charge arose out of a collision between Withell’s car and a motor-cycle stationary at the traffic lights at the intersection of Moorhouse Avenue and Hagley Avenue, at 3 a.m, said Sergeant W. W. Maloney. Withell had failed to see the motor-cycle, which was stalled on the intersection. Mrs Fryer, who was the pillion passenger, suffered fatal head injuries, while the driver, who was wearing a crash helmet, suffered head injuries from which he had now recovered. Sergeant Maloney said. To the police, Withell said at the time he had been travelling about 30 miles an hour. He proceeded across the intersection on a green light, and was unable to avoid colliding with the motorcycle. He had been drinking, but not enough to warrant the taking of a breath test The road was dry and street lighting in the area was excellent, Sergeant Maloney said. Mrs Fryer died eight days later.

Mr Hampton, in his submissions, said it had been intended to defend the charge, but after careful consideration and an inspection of the scene, it had been decided to change Withell’s plea to guilty. “His carelessness consisted of failing to see the motorcycle in time to take avoiding action,” the Magistrate said imposing sentence. “This intersection is quite well lit by street lights, and the motor-cycle itself had a rear mudguard painted white. Mrs Fryer was wearing a white skirt, although part of that would be obscured.

“It is understood that when the Court deals with cases of this kind, the element of compensation Or retribution cannot be entertained. The defendant has shown considerable fortitude in placing himself before the Court by pleading guilty, and he is to be commended for it”

(Before Mr H. J. Evans, S.M.) RESTITUTION REFUSED

“No order will be made for restitution because, quite bluntly, the car flrm that let itself be taken in on this occasion just does not deserve it," the Magistrate said, after imposing sentence on Terence Eric Gilchrist, who had pleaded guilty to a charge of obtaining a car from Pacific Car Sales with a false cheque for >3500 The car was written off in an accident a few minutes after Gilchrist took possession of it on July 27. Restitution of >2500 had been requested. Gilchrist, aged 25, a machine operator, was- fined >lOO on the false pretences charge, and >25 on a charge of driving while disqualified on July 27. He was disqualified from' driving for a further IS months. The Magistrate mentioned that the car sales firm could seek remedy through civil action. HIT WITH SHOVEL Alfred Phillip Edgecombe, aged 17, a metal polisher, pleaded guilty to a charge of assaulting Charles Alfred Walker on August 20, with intent to injure him. He was convicted and remanded in custody to August 28 for a probation report and sentence. Senior-Sergeant F. G. Mulcare said that at 9.20 p.m. on August 20 there was a fight at an address in Kllmore Street. When Edgecombe saw a friend on the ground with the complainant standing over him, he bit the complainant over the head with a three-foot yard shovel. The complainant suffered concussion, and a cut on the back of his head which required seven stitches, said Senior-Sergeant Mulcare.

FINED, DISQUALIFIED Severe leg injuries were suffered by a girl thrown out of a car hit by Gilbert Broughton Williams’s vehicle, said Senior-Sergeant Mulcare. Williams, aged 68, retired, had gone through a stop sign on Carmen Road at a speed of about 30-35 miles an hour, striking a car going along Yaldhurst Road. The accident occurred at 1.5 a.m. on June 6 when the defendant was returning to Rangiora after attending a social.

Williams pleaded guilty to careless driving causing bodily injury to Josephine Winifred Larmer, and to failing to stop at a stop sign. He was fined >4O on each charge and disqualified from driving for a total of 12 months. REMANDED IN CUSTODY

Henry Kino, aged 22, a prison inmate, pleaded guilty to two charges of burglary and one of unlawfully taking a car worth $350. He was convicted on each charge and repianded in custody to August 28 for a probation report and sentence. Senior-Sergeant Mulcare said that on May 3 Kino stole souvenirs worth $62.30 from the Black Tulip Roadhouse, Motukarara, after forcing a Locked window. While being interviewed by the police on August 4, Kino admitted unlawfully taking a car and the burglary of the Douglas Footwear Company on May 6. REMOVED LOUVRES Tony John Payne, aged 21, a boat builder, pleaded guilty to a charge of burgling the butchery of Cross Bros, Ltd,

Colombo Street, on August 14. He was convicted and remanded on bail to August 31 for a probation report and sentence. Senior-Sergeant Mulcare said that Payne gained entry to the premises by climbing on the roof and removing the louvres. When apprehended by the police Payne had $1 worth of copper coins taken from the premises, he said. FIREARM OFFENCES Garry Leslie Dodd, aged 19, a textile worker, was fined $25 on two of three charges brought under the Arms Act. The fines were Imposed for discharging a kea gun in Cuthberts Road on June 30, and for possessing an unregistered firearm on the same date. On a charge of carrying a firearm beyond a dwelling without a licence, he was ordered to pay Court costs only. Forfeiture of the gun was also ordered. REMANDED A woman charged with wilfully ill treating a 14-month-old child in July was further remanded to August 28 when she appeared on the charge. No plea was entered. Bail was allowed and an interim order for suppression of the woman's name was made. BURGLARY CHARGE Charged with burgling a house in Worcester Street, Sesmo Yusovich. aged 53, pleaded guilty and was convicted and remanded in custody to August 28 for a probation report and sentence. Senior-Sergeant Mulcare said that about 12.30 p.m. on July 20 the defendant broke into the house of William Charles Friend by breaking a window. He had previously done gardening work for the complainant. Police found the defendant some way away with the complainant's electric razor in his possession. TOOK CAR Kenneth Wayne Stevens, aged 23, a car assembler, was remanded in custody to August 28 for a probation report and sentence when he pleaded guilty to a charge of unlawfully taking a car from Christchurch on August 12. Stevens and a companion had found the car unlocked at 12.30 a.m. and had crossed the ignition wires. Sergeant Maloney

said. With two girls, they drove to Blenheim, where they were later arrested. LEFT SHIP On a charge of absenting himself without leave from the Empire Star at Nelson on April 25, John Smkle, a seaman, was remanded on ball to September 10 so arrangements could be made for his depbrta,tion two days later. Mr J. R. Milligan said the defendant had already been convicted and had been held in custody for almost two months awaiting deportation. EXCESSIVE ALCOHOL Edward Francis Graft, aged 49, a metal spinner (Mr M. P. Boyce), pleaded guilty to a charge of driving with an excessive concentration of alcohol in his blood, and guilty to a charge of exceeding 30 miles an hour. On the speeding charge he was convicted and fined $)5, and on the excessive alcohol charge was convicted and fined $lOO and disqualified for two years. TRAFFIC CHARGES In traffic charges brought by the police, convictions were entered and fines imposed as follows, with Court costs 95 on each charge:— Failed to give way: Brett Jeffrey Arnold, disqualified for three months (no driver's licence, disqualified for one month): Janice Beverley Nicolson, $l5. Drove carelessly: John Raymond Trotter, $2O (no licence, $4). (Before Mr E. S. J. Crutchley, S.M.) PROBATION, FINE Appearing for sentence on a charge of burglary. Grant Paul Holmes, aged 17, an apprentice carpenter, was fined $5O and released on probation for 18 months. Holmes had previously pleaded guilty to the burglary of Ice Rinks, Ltd, Centaurus Road, on April 19. In mitigation, Mr P. G. Benseman said that the defendant was a first offender. It was an isolated act and it appeared he would become a good average citizen. "This appears to have been an unpremeditated offence. But if you mix with doubtful company you will find yourself in trouble," said the Magistrate.