MAGISTRATE’S COURT Man Imprisoned For 18 Months For Indecent Assault On Child

Press, Volume CX, Issue 32396, 8 September 1970, Page 15

MAGISTRATE’S COURT Man Imprisoned For 18 Months For Indecent Assault On Child

“It is the duty of this Court to impose a deterrent sentence in the interest of the community,” Mr K. H. J. Headifen, S.M., said in the Magistrate’s Court yesterday when sentencing a man to imprisonment for 18 months on a charge of indecent assault

The defendant Christopher Paul Godinet aged 35, a rubber worker, had previously pleaded gtiilty to the charge of indecently assaulting a girl aged seven years on August 23 and been convicted. He was represented by Mr D. M. Palmer. “Were it not for your good record, I would impose a lengthy term of imprisonment” the Magistrate said.

Mr Palmer said the defendant had been drinking in hotels for about 12 hours and for a further two hours in the complainant’s home at her father’s invitation before the offence.

The Magistrate said the law relating to the offence was strict and hard. A maximum period of 10 years imprisonment was prescribed under the Crimes Act HARBOURED GIRL

The only reason why John Richard Leslie Morrison was not being sentenced to gaol was his poor physical condition, the Magistrate said in fining Morrison, aged 23, a factory worker, $2OO on charges of harbouring an escaper from Kingslea Centre and having sexual intercourse with her.

“Unfortunately, or fortunately for you, your medical situation precludes a sentence of gaol,” he said. “I am forced to deal with this by way of monetary penalty. I'don't think probation is necessary, although I note from the probation report that this IS not your first offence involving females. I view these matters seriously and I don’t propose under any circumstances to impose anything but a heavy fine.”

On charges of harbouring an inmate of the Kingslea Centre between August 9 and August

13, and having sexual intercourse with her on August 9 Bevan Raymond Williams, aged 19, a factory worker, was placed on probation for two years and ordered to reside with his parents in Tokoroa. He had previously been convicted. Mr P. L. Mortlock, who appeared for the defendant, said the offence was out of character for the defendant who was highly spoken of by his employer. “It is accepted by the police that the defendant was an unwilling party to the continuation of the offence,” he said. COPPER WIRE THEFTS

Three persons appeared on charges involving the theft of copper wire from Associated British Cables, Ltd.

James Mathew Kirner, aged 26. an unemployed driver, pleaded guilty to charges of unlawfully taking a 7-ton truck, the property of W. A. Brown, Ltd, on or about July 31, and burglary of the mains cable factory of Associated British Cables, Ltd, on the same date. He was convicted and remanded in custody to September 14 for sentence.

The Magistrate said that in view of the gravity of the offences he would give consideration to declining further jurisdiction, and commit the defendant to the Supreme Court for sentence.

Sergeant W. W. Maloney said a truck equipped with hydraulic lifting equipment and valued at $3OOO was taken from the Gasson Street yard of W. A. Brown, Ltd, by the defendant on the night of July 31. On the same night the Associated British Cable factory was broken into and 12 spools holding 4.71 tons of copper wire worh $8727 were stolen. The defendant admitted being involved with two other men, whom he refused to name, in this offence also. The truck was found near Springfield on August 9 bogged down in mud on a track. Equipment worth $lO7 was missing from it.

On August 28 two men attempting to sell seven hundredweight of copper wire were interviewed by the police. They admitted having received it from Kirner.

Kirner told the police that the wire had first been hidden in a plantation near Springfield and had later been taken to other hiding places about Canterbury. Sergeant Maloney said about one-third of the wire taken from the factory had since been recovered.

; John Patrick Archibald, aged ’ 30, a plasterer, was gaoled for I six months when he appeared for sentence on a charge of I receiving $749.20 worth of cop- ■ per wire belonging to the com- • pany on August 27. There were no fewer than 16 • lots of copper wire involved, 1 and Archibald had visited their hiding place with the intention ’ of selling them. “It is true that you are charged only with receiving the wire, but in this case no less than 18731 b of new copper wire was cut into new lengths by you. When dishonesty in the community reaches this stage in my view gaol is the only possible sentence.” The third defendant, Leslie Frederick Vintiner, aged 25, a builder, was further remanded to September 28 for sentence on a charge of receiving 18731 b of copper wire belonging to Associated British Cables, Ltd, on August 27. BURGLED HOUSE “As long as I’m on this Bench, I’m not prepared to condone this question of housebreaking. The one thing people are going to have is privacy and security in their own homes,” the Magistrate told Dick Masters, aged 31, unemployed, sentencing him to 18 months imprisonment on a charge of burgling a dwellinghouse at 220 Strick- : land Street on July 30. “Two people arrive at their own home at 12.25 p.m. on a Sunday, where at least they ' should be able to return in ■ safety. They find the door open, 1 and the house turned upside down, and the complainant’s wife goes into her bedroom to find you under the bed. If I did not impose a deterrent sen- ' tence, the Court would be ne- ; glecting its duty,” the Magistrate said.

DROVE UNDER INFLUENCE Thomas Wharekawa, aged 32, a freezing worker, was fined $lOO and disqualified from driving for three years when he pleaded guilty to a charge of driving under the influence of drink or drugs so as to be incapable of proper control. He was represented by Mr K. N. Hampton. A car, with Wharekawa asleep at the wheel was found, with its headlights on, stopped in Clyde Street, Balclutha, at 10.30 p.m. on June 16, Sergeant V. F. Townshend said. It took police five to six minutes to wake him. Two others were also asleep in the back. He was examined and later found to have had 250

milligrams of alcohol to 100 millilitres of blood. NINE MONTHS GAOL A term of nine months gaol was imposed on Graham Lester Smith, aged 21, unemployed (Mr J. E. Butler), when he pleaded guilty to stealing two television sets from Dominion TV Services, Ltd, and Davies TV Sales and Hire, Ltd, and to stealing $5O from Henry Hauraki on September 3.

Sergeant Townshend said Smith had telephoned the C. 1.8 himself to admit the thefts of the television sets. He told the police that he had taken a set from Dominion TV on a five-day free trial, but two hours later sold it for $7O. Later, he took a set from Davies TV under a similar arrangement, but half an hour later sold it for $7O. There was little chance of recovering the sets, said Sergeant Townshend. While on bail awaiting the hearing of these charges, Smith met Henry Hauraki in a city hotel and later offered to cash a cheque for him. This he did, but left without returning to Hauraki. He told the police when interviewed: “If he s silly enough to give me a cheque then I’m silly enough to cash it.”

PROBATION Ross Warren James Howie, aged 17, an unemployed carpenter’s labourer, was admitted to two years probation when he appeared for sentence on a charge of obtaining $l4 by false pretences. He was ordered to make restitution in full.

WEAPONS CHARGE “Because of the nature of the weapons you were carrying I don’t intend to impose a light fine,” the Magistrate said in fining Kevin Alan Dale, aged 20, a factory labourer, a total of $9O when he appeared for sentence on charges of carrying offensive weapons and unlawfully taking a bicycle on August 30. “According to the probation report you have no tendency to aggressive behaviour,” the Magistrate said. “I will also take this view, although the fact that you were carrying two knives and a broken bottle makes me wonder what was going on in your mind.” FINED $5O Leslie John Wanhalla, aged 23, a labourer (Mr J. E. Butler), pleaded guilty to charges of assaulting lan Fraser Lovelock on August 20, and stealing a wine glass on the same date. He was convicted and fined $5O on the assault charge, and convicted

and ordered to pay costs of $5 on the theft charge. The Magistrate said he took into account when imposing penalty the fact that the defendant. had been in custody since the offences.

Sergeant Maloney said the defendant hired a taxi for a short journey and then ordered the driver, the complainant, to drive him to Ashburton. He held a wine glass against the driver’s neck and told him it was a gun. The driver overpowered the defendant in Springs Road. Mr Butler said the assault had not been a very serious matter. ASSAULT CHARGE Patrick Norman, aged 20, a truck driver, was fined s6o—s2o of which was to be paid to the complainant by way of compensation —when he pleaded guilty to assaulting Jean McClure on Saturday afternoon. Sergeant Townshend said that Norman kicked his wife during a domestic dispute and, to prevent further trouble, the complainant—Norman’s mother-in-law—stepped between the two. Norman hit her in the face with his fist, causing bruising. About an hour earlier the police had been called to the same address because of trouble there, said Sergeant Townshend.

Norman said his “old lady” had taken to him. “I went to hit her, but my mother-in-law stepped in the middle and she copped it,” he said.

Peter David Tuaine, aged Is, a cleaning contractor, was fined $5O when he pleaded guilty to being found without lawful excuse in a building at 1 Cardome Street.

Sergeant Townshend said police had found Tuaine halfdressed. asleep in a bedroom of the house, after receiving a complaint from the occupiers of the property that there was a man on the premises. It was not known how Tuaine had gained entry. Tuaine, who had een obviously affected by liquor, could not remember entering the house. „ FINED $3O Graeme Bryce Bell, aged 19, a tool-maker’s labourer, was fined a total of $3O when he pleaded guilty to drinking in a public place while under 20 years of age and using obscene language. Bell had been one of three youths seen drinking in Catheoral Square on Saturday night. h.J 3, u ?“ tlon <n« by police he J 1? °b««ne language to an off-duty constable. INSULTING LANGUAGE Tina Cleaver, aged 25. a cook, was lined *l5 when she pleaded f„ ui ‘® using insulting wordS t .451. bar <rf ‘ he M,,re Tavern, ’.“S Salurda F evening. r ,!" gaa Townshend said that Cleever had used the words the*bar he s S h aW h , !l e K P<>Uee <n ‘ er .P ar * She had affected by liquor at the time, he said Cleaver told the Court she could offence member much ab out the

a-k STO . U! CALENDAR Arthur Lennox Walker, aged 56. an unemployed English Journalist was fined $l2 when he pleaded guilty to stealing a 35c desk calendar from Whitcombe and Tombs, Ltd, New Brighton, on Saturday. „, S . e . r « eant Townshend said Walker sas5 as a PPrehended after a shop detective saw him leave the store with the calendar bet ween hls satchel and his side. Interviewed, he franklv admitted the theft to the police y Counsel <Mr M. J. Glue) said walker had been strongly advised to seek psychological counsel as an outpatient, and he intended to. He had been unemployed since September, 1966, and had to support himself and his sick wife on a Social Security benefit. DESERTED SHIP Harry Pike, aged 25, a flour miller, was fined $2O and remanded in custody for deportation when he appeared on a charge of deserting a ship in New Zealand. He pleaded guilty and was represented by Mr M. G. L. Loughnan. On a further charge of stealing a packet of dog biscuits, he was convicted and discharged. FINED $5O Kevin Bernard Murphy, aged 17, an apprentice fitter-welder, was fined $5O when he pleaded guilty to a charge of stealing a chest of drawers on August 13. He was represented by Mr A. P. C. Tipping. Sergeant Townshend said Murphy had been at a meeting of a motor-cycle gang called the Epitaph Riders at a Durham Street fiat. As he left, he took a chest of drawers, valued at $l5, and put it in a friend’s car. In his submissions, Mr Tipping denied that Murphy was a member of the gang. All he had done was to carry the chest downstairs. REMANDED IN CUSTODY Rakuera Riwhi Kupenga, aged 18, a freezing worker, was remanded in custody to September 14 when he pleaded guilty to charges of burgling the adult periodic detention centre, Brisbane Street, and possessing housebreaking instruments in Brisbane Street, in the early hours of yesterday. Sergeant Townshend said that a security. patrolman had seen two men acting suspiciously at 12.30 a.m. They made off, and one was caught hiding behind a car. The defendant was found behind a building, and was found to have a knife, an adjustable wrench, and a mask made from a pair of black pantyhose. He admitted having broken into the detention centre building and removing some tools. They were recovered from a nearby yard. MISCELLANEOUS CASES Other offenders were convicted, ordered to pay Court costs of $5 on each charge, and penalised as follows: Person under 20 drank liquor in public: John Anthony Hope, $lO. Drove carelessly: Robert Harder Manawatu, $l5 (failed to stop after accident, $4O). Failed to stop at sign: Robert George Kinley, $2O and disqualified from driving for two months. Failed to give way: Mary Therese Boyle, $l5. Employed person under 20 in bar: Joseph Guy Daigneault, $5. Consumed liquor after hours: Hugh Gilbert Galbraith, $2. Owned dangerous dbg: Marion Anne Mason, $2O and ordered to keep dog under control. (Before Mr E. S. J; Crutchley, S.M.) PROBATION Rosemarie Dianne Turner, aged 30. a housewife (Mr P. G. S. Penlington), was put on probation for three years when she appeared for sentence on a charge of ill-treating her 14-month-old daughter. She had pleaded guilty to the charge. The defendant, a mother of four and expecting another, had suffered an unfortunate pregnancy from a man outside the marriage and had suffered a depressive psychosis, said counsel. RECEIVING A fine of <lOO was imposed on Terence Andrew Harper, aged 24, a process worker (Mr G. K. Panckhurst), when he appeared for sentence bn a charge of alternately stealing or receiving a lambswool jacket valued at $6O. 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: Lieselotte Anne Jacomelli, $l5; Kevin Brian Anstiss, $2O; Robert Douglas Holbrook, $2O; Garlles George Martin, $8; Robert Sidey Rex Morrow, $10; David .George Ellis, HO; David

i Warren Tocker, $8; Hendrick van Keulen, $10; John Baker, $3O; Bevan Leonard Hanser, $8; Peter Ross Smith, $8; John lan Sutherland, $5 (failed to stop at stop sign, $5); Michael Bruce Irving, $l5 and disqualified for two months; Ronald Sidney Pope, $2O; Malcolm Herbert Pearce, $8; Roderick Max Simpson, $7; Peter John Garrett, $2O; Alan Spencer Brown, $B. Barry Joseph Easton, $25; John Robert Sinclair, $l2; Dennlse Sandra Gabbott, $10; Trevor Patrick Kirby. $2O (failed to produce driver’s licence, $5); Robyn Linda Poyntz, $10; Clive Roy Stevens, »15; Christopher Meynell Calbert, Sl5; Barry Alvin Sullivan, $2O; Frank Walmsley, $lO (failed to produce driver’s licence, $10); John William Francis, 88: Murray Roy Taylor. $8; Michael John Brocks. $10; Robert Leonard Broughton, $8; Arthur Derek Grant. $25; Edward Louts Crimson, $10; Frederick John Henry Haydon, $8; Arnold Bruce McMillan, $10; Edgars Bekeris, $l5; Edwin Brandt. $l2; Clifford John Gracia $l2 warrant of iitness, $5); John Keith Lovell, $10; Francis Colin McNee, $l2; Bryce Alan ftu P " y ’ Charles O Malley. $25: Donald Raymond Robinson, $l2; Russell Henry Sim, $l2; John James O’Sulllyan’aSo; Mark Timothy WhitIng. $10; John Bekker. $10; Kenneth John Ackroyd, $25; Kevin Brian Instiss, $2O: Alan Gregory «2: Alan Bews Brownlie, $10; Graham James Chant, $8; ames Stuart Hart, $l2; Bernard Andrew Mcßride, $3O; Christopher Robin Middleton. $l5; M cC “»y Milliken, $l2; ® as ,H Frederick Partridge, $l2; William James Reynolds, $lO (no warrant of fitness, $2); Rodney David Lawrence, $5 and disqualified for two months); Terence Raymond Baker $l2; Owen George Tomlinson, $10; Bruce Robert Benseman. $10; lan Donald King, $lO. Crossed against traffic lights: Pa “l James Carplnter, $10; Philip Raymond Glolston $1; Richard Neil Berbidge, $25 and disqualified for two months; Kevin Bernard Murphy, $2O; Dona ’ d Roy Thorpe, $25 and disqualified for three months; Douglas Gellnlg Gretney, $2O; i am es Richard Keith McLean. $2O, disqualified for two months; Colin Henry McMahon. $l2; Sandra Patricia Quinllvan. $l2; Roger Alan Scott. $2O and disqualified for three months: Brian Stanley Taylor, $l5; Mervyn Sutherland George $2O- - McLean Griffiths. $2O and disqualified for two months: Stephen Raymond Harris. •15; Keith John Rayment, $l5 ‘ n James McGregor,

Careless driving: Manuel Lira, $l5; Rapi Bush, $l5; Kevin James Wesley, $2O. disqualified for three months (failed to stop at stop Sign $6); Barbara Peggy Jones, $25 and disqualified for three months; Cheryl Colleen Broadhurst, discharged (failed to display L sign, discharged): Lynette Sylvio Kiesanowski, $lO and disqualified for six months. Failed to yield right of way: Larry Wayne Martin. $25 and disqualified for three months; Jacoba Matla, $l5 and disqualified for three months; Gayle Carolyn Ness, $l5 and disqualified for two months; Philip Brynley Smith. $l5 and disqualified for three months.

Failed to stop at stop sign: Frederick George Stannard, $5; James Lionel Lawrence, $6: Phillip Robert Moore, $10: Paul Edward Tranter. $5; Joan Ferguson. $6; Beverley Makinson, $8; William John Bell Wright, $6; John Simms Connell, $6 Dangerous riding on vehicle: Peter James Hili, $l2 (insufficient lights, $5); John Kevin Moss, $lO (no warrant of fitness, $2); Kevin John Bartlett, $10; Michael Charles Hulton. $lO. Insufficient lights: Christopher John Raymond Swaney, $6: Russell Lawrence Hair, $5: Bramwell Wayne Dobson, $5; Ross Anthony Grenfell. $lO. Made prohibited right turn: Gilbert Reginald Dallow, $lO. Noisy vehicle: Michael Francis Patterson, $10; Kevin John Miller, $3O; Richard John Banks, $3O and disqualified for three months.

Insufficient tyre tread: Ronald Raigh Kirk, $lO (no warrant of fitness, $10); Ross Gordon McLean. $10: Raymond George Douglas, $2O; David Arthur McDonald. $lO <no driver’s licence. $2O and disqualified for six months).

No headlamp on motor-cycle: Anthony Adair Willett McMaster. $lO (no warrant of fitness $5). Excessive alcohol concentration: Graham John Harrison. $BO and disqualified for 18 months from September 22. Failed to comply with road markings: Bruce Wayne Tait, $lO.

Aided and abetted disqualified driver: William Ross, $35. Failed to keep left: Ralph Edward Wilson, $l2; Sydney Julian Clarke, $2O. Insufficient lights: Garry William McQuillam, $lO.

Cycling with no hands on bicycle: Lindsay Graham Gibson $l.

Exceeded 40 miles an hour: Peter John Foster, $l5. No safety chain attached: Warren David Dalzell, $10; Peter John Scott, $2. Used vehicle without reasonable consideration: , James Charles Walker, $2O. Obstructed traffic officer. Martyn Lawrence Gyde, $lO (insufficient lights, $3, no driver’s licence, $5, disqualified for three months, registration licence not attached, $3). Exceeded 15 miles an hour over level crossing; Robert John Stewart, $lO.

[Before Mr W. F. Brown, S.M.) PROBATION

Milson James Woodcock, aged 29, an unemployed painter (Mr D. M. Palmer), was placed on probation for two years and ordered to make restitution of $l3l when he appeared for sentence on nine charges of false pretences. He had previously pleaded guilty. As a special condition of his probation he was ordered to undergo medical or psychiatric treatment as directed by the probation officer. The Magistrate said the defendant had spent a large number of years in psychiatric hospitals. He had had many misfortunes and had a grossly disordered personality. (Before Mr P. L. Molineaux, S.M.) DISMISSED A charge against Daniel Matai Tinirau, aged 38, a farm labourer (Mr K. N. Hampton), of assaulting his wife, Beverley Tinirau, at Hororata on August 25 was dismissed. He pleaded not guilty. On a charge of resisting Constable P. J. Larmer on the same date he pleaded guilty and was remanded on bail to September 14 for sentence. Mr Hampton said the defendant had a bad list of previous convictions, but had managed to keep himself out of trouble to some extent in recent years. (Before Mr H. J. Evans, S.M.) TWO CHARGES James Lawrence Donohue, a motor dealer, was convicted on charges of failing to stop at a sign and exceeding 30 miles an hour. Donohue pleaded not guilty to the charge of failing to stop and guilty to the charge of speeding. The offences were alleged by Traffic Officer B. R. Wood to have occurred in Milton Street at 7.45 p.m. on July 9. He was fined $lO for the speeding, and ordered to pay costs for failing to stop. DISMISSED Charges of stealing and receiving a cheque valued at $37 against Owen Stanley Livingstone, aged 49, a painter (Mr M. J. Glue), were dismissed. The Magistrate said he felt obliged to accept that the defendant may have believed the chequo was ax genuine ai cash in hia hands.