MAGISTRATE’S COURT Imprisonment For 18 Months On Four Assault Charges

Press, Volume CX, Issue 32392, 3 September 1970, Page 7

MAGISTRATE’S COURT Imprisonment For 18 Months On Four Assault Charges

“There are more and more cases of assault on policemen and they seem to be fair game. If it is a question of this court taking steps to stamp out violence then I will gladly accept the responsibility,” Mr K. H. J. Headifen, S.M., said in the Magistrate’s Court yesterday when he sentenced a man to 18 months imprisonment on four charges of assault.

Francis McGlinchey, aged 25, a welder, was appearing for sentence on two charges of assaulting constables and one of assaulting a woman at Lyttelton, and a charge of assault at Napier. He was sentenced to nine months imprisonment for the Napier assault, three months each for assaulting the two policemen, and three months for assaulting the woman, the sentences to be cumulative. On a further charge of resisting a policeman he was convicted and discharged. He was represented by Mr R. F. Powell.

“Your offence at Napier was a vicious and violent assault,” the Magistrate said. “You hit a man in the face with the heavy end of a billiards cue, butted him with your head, and then hit him when he was down. You annoyed a woman at Lyttelton and struck her a blow on the left-hand-side of the face with your closed fist when she said that she did not want to know you.” The Magistrate then listed McGlinchey’s list of previous offences including three charges of stealing, two of breaking and entering, and one of interfering with a motor-car, all in Australia. In addition there were convictions for assault, drunkenness and fighting in 1965, 1966, and 1968.

BORSTAL TRAINING "Your behaviour was disgraceful, you were completely out of control and you could have hurt someone," the Magistrate said when he sentenced Annette Jean Siataga, aged IT, to Borstal training on charges of wilful damage, receiving and obscene language. Siataga. who was appearing for sentence, was charged with breaking a plate-glass window at the Industries Fair on August 22. using obscene language at Canterbury Court on the same occasion and receiving a transistor radio worth $2O the following day. The defendant had already appeared before him in the Children’s Court three times that year, the Magistrate said. "You have been fined, placed on probation, given a suspended sentence and fined $4O for using obscene language in Wellington." Siataga’s counsel (Mr K. N. Hampton) said that she had gone to the Industries Fair having had too much to drink after she had had an argument with a boy. With liquor inside her she had taken the chance of getting rid of her frustrations. Her life had been extremely difficult and she was gravely disturbed. “She is a considerable social and psychiatric problem at her present age and it is to be hoped that she does not become a criminal problem.” Mr Hampton said. PROBATION FOR FORGERY A young woman, whose name was suppressed, was committed to probation for 18 months when she appeared for sentence on three charges of forgery of bank accounts worth $240. She was also ordered to make immediate restitution. The Magistrate said that he had suppressed her name only because

of very strong grounds involving phychiatric disorder. The defendent was represented by Mr J. N. Matson.

THEFT OB’ RING Mark Kenneth Rushton (Mr D. M. Palmer) was fined $5O for the theft of a leopardskin rug valued at $6. He was also convicted and discharged for stealing a leopard car-mascot, valued at $lO. Rushton, aged 19, a cabinet-maker, pleaded guilty to both charges. THEFT OF FLOUR Raymond Geoffrey Gibbons, aged 20, a labourer, was fined $4O when he pleaded guilty to the theft of six bags of flour. The Court was told that Gibbons stole the flour from his employers find could give no explanation to the police for doing it. (Before Mr H. J. Evans, S.M.) THREE SENTENCED Three men charged with the burglary of the Blenheim Road Motor Inn, were fined a total of $350, ordered to pay a total of $160.16 restitution, and released on probation when they appeared for sentence. Philip Carringe Cosker, aged 23, an unemployed mechanic (Mr L. G. Holder), who also appeared for sentence on a charge of stealing property worth $330 from Keith Geary on August 17, was fined $l5O, released on two years probation and ordered to make $87.50 restitution.

“This is your last chance,’’ the Magistrate said. “The problem of sentencing In your case was difficult, and It is only just possible for the Court to admit you to a long term of probation.”

Coster's brother, Alan Coster, aged 18, a labourer (Mr Holder), also appeared for sentence on a further charge of burgling the Belvedere Dairy on August 4. He was fined $lOO, released on probation for 12 months, and disqualified from driving for a year. His car was used in the burglary. Coster was ordered to make restitution of $37.83.

The third defendant, Laurie Bruce Collins, aged 18, a labourer (Mr G. R. Lascelles), was fined $lOO, released on a year's probation, and ordered to make $37.83 restitution for his part in the burglary. PERIODIC DETENTION Kenneth Shane Stevens, aged 21. a car assembler, was admitted to nine months periodic detention and disqualified from driving for two years, when he appeared for sentence on a charge of unlawfully taking a motor car on August 12. Robert John Craig, aged 21, a gardener-worker, was sentenced to nine months periodic detention and ordered to make restitution of $46.19 when he appeared for sentence for the tjieft of goods worth $81.19, at Wanganui on June 1. TRAFFIC OFFENCES In Ministry of Transport traffic prosecutions convictions were entered and fines imposed as follows, with costs of $5 in each case:

Exceeded 30 miles an hour: Wayne Anthony Busch, $10: Glynnis Mary Wilson, $l6; Mark Anthony Cathcart, $lO (worn tyres, $3); Michael Berry, $10; Michael David Payne. $26; Glenn Steven Weston, $8; Edwin John Cross, $10: William Albert Ruddiman, $25; Stuart John Fabian, $8; Herbert Kendall Greuber, $6; Anthony Alister Couch, $9; Francis John Duane, $2O: Phillip Humphrey Brett Hall, $9; John McCormick. $18; Jeffrey William Bryant. $10; Douglas Leon Carroll, $9: Murray Eric Hardaker, $lO (failed to produce licence, $5): Lyndsay Janet Blue. $10; Willem Bouman, $26; Stuart Robert Chapman. $10; Alan Bruce Fraser. $2O: Michael Francis Gill, $25 (no safety helmet, $10); John Kuru Gray, $10: Robert Kingsley. $lO (exceeded 40 miles an hour with trailer. $10); Edward Linstrom, $10; Peter McGonnigle, $10; Bruce James Marshall. $10; Warren James Matthews. $lO (worn tyres, $7); Robert Edward Minchington, $2O; Donald Bruce Morrison, $l6; William Howard Simpson. $9: Kevin John Straw, $9; John Malcolm Tate, $9; David Gordon Troup, $l3; Andrew Tweedie, $lO.

Failed to comply with traffic lights: Jane Ellen Taylor, $l5; Gavin Leonard Reginald Wilson, $5; Francis Neil Dawson, $10; John James Anderson. $25; William Jack Baggaly, $25; Lionel Claude Manners. $l5; Ruth Catherine Pratt, $2O.

Excessive alcohol concentra

tion: Fred Te Huia Ngahoora, $BO, disqualified for two years; George Henry Johnson, $l2O, disqualified for three years; Paul Richard Taaffe, $lOO, disqualified for two years (no driver’s licence, costs only). Exceeded 60 miles an hour: Ivan Arthur Humm, $8; Norman David Harrison, $10; Mervyn Hunter Hopkins, $8; Russell Crawford Smith, $l2; Warren Guy, $9; Trevor Eric Poltney, $10; William Milford Townsend, $7.

Exceeded 55 miles an hour: Robert Keith Murdoch, $2O (exceeded 40 miles an hour, $20); Anthony Clifford Gainsford, $6; Roger John Gunn, $lO (exceeded 30 miles an hour, $l5).

Drove carelessly: Wayne Anthony Downing, $l5, ordered to attend driving lectures; Peter Thomas Fitzgerald. $2O, disqualified for three months.

No safety helmet: Anthony Leonard Hall, $6; Peter Stanley Burrowes, $lO (exceeded 45 miles an hour with pillion passenger, $5).

Insufficient lights: Barry Daniel Smith, $l2 (no warrant of fitness, $3); Edward Graham Case, $6.

Failed to stop at sign: Rosemary Eve Bowker, $10; David Marshall Buchanan, $l5; Richard Blakely Robson, $25. Worn tyres: Gerald Anthony Whiting, $lO. Exceeded heavy traffic licence: Ennis Willson, costs only.

No heavy traffic licence: William Alexander Bradley, $5. Failed to stop at sign: Jill Rosemary Smith, $5.

Exceeded 40 miles an hour: John Theodore Murray. $6; David Clement Johnston. $l5.

Failed to display “L” sign Jane Isobel Shand. $6.

Used vehicle without reasonable consideration: Judith Rae Robinson, $lO. Unable to stop within half clear distance ahead: Trevor Alan Lee, $7. (Before Mr K H. J. Headifen. S.M.) MISCELLANEOUS CASES In miscellaneous prosecutions brought by the police, convictions were entered and fines imposed with Court costs $5 in each case as follows:

Under 20 in public bar: James Thomas Mace. $10: Derek William Parsons. $10: Graham Neville Pike. $10: Anthony James Roberts, $8: Jennifer Deborah Duff, $8 (gave false particulars. $4).

Deposited bottles on road: Frederick David Roberts, $25.

Failed to stop after accident: Wayne Eder, $2O, disqualified for six months (careless use, $10), (no driver’s licence, $lO, disqualified for six months), (failed to ascertain injury after accident, convicted and dis~ charged). Failed to give way: Velma Jean Stringer, sls< Albert Keith Rollo, $l2. Worn tyres: Raymond Eric Knight. $8 (no warrant of fitness, $4). DISMISSED A charge of failing to stop at a stop sign against Leslie James Bertenshaw, aged 57. a taxi driver (Mr B. C. Taylor), was dismissed. Bertenshaw pleaded not guilty to the charge. TRAFFIC OFFENCES In Ministry of Transport traffic prosecutions convictions were entered and fines imposed as follows, with costs of $5 in each case:—

Exceeded 30 miles an hour; Kevin Graeme Bell, $25; Kevin Stewart Berry, $l2; John Alexander Gilmour, $10; Margaret Anne Goulden. $l2; Julian John Drummond Holderness. $10; Malcolm Peter Jackson. $25; Gary John Kerr, $10; Willoughby Osborne Kestevens, $10: Philip Roberts, $10: Raymond Edward Christie, $10; David Samuel Langley, $l5; Anthony David McGrath, $l5; Helen Frances Rudsell, $l2: Shane Urwin Williamson, $lO.

Followed too close: Peter Brian Hurricks, $lO.

Proceeded from stop sign when way not clear: Graham Leslie Prattley, $35. Probationary driver exceeded 50 miles an hour: Graeme Taiuru Vercoe, $5 (disqualified for six months; failed to display “L” plate, $5). Failed to stop at stop sign: Alan Joseph Coulston, $l5; John Stuart MacDonald, $10; Herbert Jack Sewell, $lO.

Exceeded 15 miles an hour approaching level crossing, $2O.

Exceeded 40 miles an hour H.M.V.: Howard Robert Hawke, $l5; Colin Lindsay Peters, $l5. Exceeded 40 miles an hour

with trailer: Athol Westwood Young, Sl5; David Arthur Vivian Brown, $l5; Dudley Davies, $l2; William McDonald, $2O; Kenneth John Shearer, $2O. Exceeded 40 miles an hour: Raymond Leslie Steel, $2O. Failed to keep left of centre line: Arthur Victor Garrod, $2O. Exceeded 55 miles an hour: Richard David Charles, $l5.

(Before Mr P, L. Molineaux. S.M.) DISMISSED A driving offence notice issued to Laurence O'Connor by a Ministry of Transport officer on patrol was no more than a “certificate'of incompetence," the Magistrate was told. The charge against O'Connor, an office manager, of crossing against traffic lights on April 15 was dismissed. He pleaded not guilty. O'Connor said that the traffic officer who'had stopped him had made four errors, including the registration number of his car and the spelling of his address, in making out the traffic offence notice. "I suggest his fifth mistake was his first,” he said “He is mistaken in thinking I crossed against the lights. “This ticket is no more than a certificate of incompetence, and I am staggered that an officer of the law could be so casual. It worries me that this kind of evidence could sully my driving record.” Traffic Officer A. Sandes said he had seen O'Connor cross the Intersection of Hereford and Colombo Streets about one second after the lights had changed red. He had been stationed In his car at the intersection and had a good view of the crossing. The Magistrate said that the burden of proof had not been established beyond all reasonable doubt. “At this stage I will hold that the officer could have been mistaken in this other but to the defendant, vital, point," he said. DRIVING CHARGE

Mortz Mandi, a storeman. was fined $lO when he appeared on a charge of Inconsiderate driving. An original charge of careless driving, to which Mandi pleaded not guilty, was reduced after the Magistrate had heard the evidence. FINED $6 David Charles Williamson was fined $8 on a charge of falling to notify change of ownership of a motor car. He was to have defended the charge, but did not appear in Court and the matter was formally proved.