MAGISTRATE’S COURT Month’s imprisonment for twice driving while disqualified

Press, Volume CX, Issue 32406, 19 September 1970, Page 5

MAGISTRATE’S COURT Month’s imprisonment for twice driving while disqualified

"There is a need for the Court to impress upon offenders that they cannot break society’s rules,” Mr E. S. J. Crutchley, S.M., said in the Magistrate’s Court yesterday when imposing a onemonth prison sentence on a youth who twice drove while disqualified. Warren John Hobson, aged 18, a labourer, was appearing for sentence on charges of driving while disqualified on June 21 and 22.

A sentence of one month’s imprisonment was imposed on each charge, to be served concurrently. The defendant was also disqualified for a further period of 18 months and placed on probation for one year. Detention centre training would normally be imposed as a deterrent sentence on these serious charges, but the defendant had already been to detention centre, said the Magistrate. The defendant was already on probation and the imposition of a substantial fine would be idle, as he had paid very little on other fines.

In mitigation, Mr D. M. Palmer said the defendant had admitted one charge of driving while disqualified in order to successfully defend a charge of assault against him.

He had been extremely rash in that, having been arrested on a charge of assault on a Sunday, he had driven to the Magistrate’s Court next day to appear on the charge, and had been seen doing this. The defendant also thought his period of disqualification had only two or three days to run, but in fact it was three weeks. The defendant He added that the defendant was basically honest and had a good deal of potential. BURGLED FISHERY Two men who pleaded guilty to a charge of burglary of the premises of Independent Fisheries, Ltd, on or about September 15, were convicted and remanded on bail to September 25 for sentence. They were Gary Francis Bush, aged 30, a truck driver (Mr D. M. Palmer), and Stewart Cameron Turvey, aged 27, an unemployed driver. Senior-Sergeant F. G. Mulcare said an employee of the company found that freezers in the premises had been broken into when he arrived at work at 8 a.m. on September 16. Ten cartons of fish valued at 870 were missing, together with other stock. He said a very large quantity of oysters was also missing from the freezers, but the defendants strongly denied being involved in this loss. Bush at first denied taking part in the burglary when interviewed on September 17. Some of the stolen fish was later found in his house. Turvey, admitted the

. I fish, but Mid It wax not his i idea. Some be kept for hie Mown use, some he gave away, ■ and some he destroyed. PROBATION AND FINE i CoUn Matthew Kirkwood, aged . 17, an apprentice carpenter (Mr D. M. Palmer), was placed on probation for one year and fined 1 *5O when he appeared for sen- : tence on a charge of assaulting David Bruce Sandora on June 13. I Mr Palmer said the assault occurred at a party when the ' defendant, his friends, and the ; complainant, had been drinking. 1 It was clear liquor had some part in the offence. There was no doubt the complainant had been heavily assaulted, but the defendant hit him only once, and that was with his open hand. The Magistrate said the defendant had no previous offences of the kind. No serious harm resulted, but there was a tendency to use force on the part of the defendant. TWO CHARGES Because he had since served a period in a detention centre for another offence, Gavin Ralph Blackwell, aged 17, a factory hand, was convicted and discharged without further penalty when he appeared for sentence on two charges of receiving. He had been convicted of receiving from Peter Ogilvie a shopping bag and contents worth 5105, the property of Mabel Alice Davis, ana receiving from Brian McAlister, a shopping bag and contents worth *36, the property of Doreen May Ayers. Both offences were committed on December 23, 1969. For the defendant, Mr M. J. Glue said he had been a “hanger-on” when the bags were stolen by other youths, who had already been dealt with. He had weakly complied with the others by receiving the bags and had not gained materially. The Magistrate said the offences had been committed nine months ago, and during this period the defendant had showed after detention centre training that he could become a useful citizen The defendant was ordered to make *35 restitution. RESERVED DECISION The Magistrate reserved decision on a charge against Trevor feai ‘excessive Dnwu-aicuriOi cun-’ centration in Woodham Road on June 23. He pleaded not guUty and was represented by Mr J. G. Leggat, who said the defence was prepared to accept that a blood sample from the defendant showed 213 milligrams of alcohol per 100 millilitres of blood. The defence relied on the police not taking the first breath test “forthwith” as required by the statute after the defendant had been stopped for erratic driving, submitted Mr Leggat. Evidence was given that the defendant had been stopped at 11J7 p.m but a breath test not taken until 1L45 pm. because a breath analyser kit was not in the police car. Another had to be brought by a police patrol car some distance away. COPPER THEFT Terrence Desmond Bradshaw, aged 36. a factory worker (Mr E. T. Higgins), pleaded guilty to a charge of stealing a copper water cylinder valued at *l4 from Rollo’s Scrap Metals, Ltd, on August 26. He was convicted and remanded in custody to September 25 for sentence. Senior-Sergeant Mulcare said the defendant was stopped by a security officer at 7.25 p.m. on

August 20. He was carrying a copper water cylinder from the yard of Rollo’s Scrap Metals, Ltd. “The defendant said, ‘Fair enough, it’s a fair catch,’ and handed It over to the officer.” DISCHARGED A girt whose name was suppressed (Mr M. J. Glue) was discharged under Section 42 of the Criminal Justice Act when she appeared on a charge of theft of one pair of panties valued at 65c and one kerchief valued at 15c from a shop on August 18. She pleaded guilty to the charge. SenlorSergeant Mulcare said that a store detective saw the girt take the kerchief from a display stand. When she was stepped outside the store it was found that she had also stolen a pair of panties. She could offer no explanation for the offence, but said that she was very sorry for what she had done. At the time she was in possession of The Magistrate said that it appeared that the girt was under some emotional and psychological pressure and that the offence had been committed on the spur of the moment The Court had to be careful not to extend leniency where it was not deserved, but the circumstances of this case suggested that there was justification of it NAME SUPPRESSED A young man who stayed at the Lodge Hotel at Hamner Springs under a false name and then left without paying his bill, which amounted to *77.61, was convicted and remanded on ball to September 25 for a probation officer’s report and sentence when he appeared on a charge of obtaining credit by false pretences on August 22. The man whose name was suppressed (Mr I. J. D. Hall), pleaded guilty to the charge. Senior-Sergeant Mulcare said that on August 22, the man registered at the hotel under a false name. The next evening he entertained guests for dinner at the hotel and about 10 p.m. he left without making any payment. He was later recognised by a member of the hotel staff and interviewed by the police. He admitted the offence and said that because 11 T in Hanmer Springs. IDLE AND DISORDERLY A youth who had no job, no money and who was living in a house in St Asaph Street which was described by the police as being in “a filthy state,” was remanded on bail to September 25 for a probation officer’s report when he appeared on a charge of being idle and disorderly without sufficient lawful means of support on August 17. Trevor Gordon Anderson, aged 18, an unemployed labourer, pleaded guilty to the charge, but he was not convicted. Alexander John Miller, aged 18, an unemployed process worker who was living in the same house and who pleaded guilty to a similar charge was convicted and remanded on bail to September 25 for a probation officer’s report and sentence. HARBOURED GIRLS Pleading guilty to two charges of harbouring two girls who had escaped from the Strathmore Girls’ Home on August 14, David James Earle, aged 19, an unemployed process worker, was convicted and fined 850 on each charge. 4 Senior-Sergeant Mulcare said that about 10.30 p.m... on August 14 two girls escaped from the home. Shortly before midnight they arrived at Earle’s home and told him that they were “on the run” from the home. He told them that they could stay at his house for the night provided they left by 8 ajn. the next day. The Magistrate said that Earle already had four previous convictions for the same kind of offence. He had served a term of periodic detention and he had been to the detention centre. 12 MONTHS PROBATION ‘lt is true that you need some assistance and this can best be provided by the proba-

tion service,” said the Magistrate when sentencing Peter 1 Graham Lawrence, aged 22, an . unemployed barman, on .a ; charge of being idle and dis- 1 orderly without sufficient lawful means of support at Lyttelton on August 4. Lawrence was convicted and released on probation for 12 months. He was also ordered to take such psychiatric or medical treatment as directed by the probation officer. Violet Margaret Walters, aged 17, unemployed, and Reita Osborn, aged 18, unemployed, were convicted on charges of theft at Springs Junction on September Walters pleaded guilty to a charge of stealing a jersey and false eye lashes valued at *29.56. She was remanded In custody to September 21 for sentence. Osborn pleaded guilty to a charge of stealing earrings worth *lO and was remanded on bail to September 25 for sentence. OBSCENE LANGUAGE On a charge of using obscene language in Hereford Street on September 10, Kalvin Francis Lennon, aged 19, an apprentice car painter (Mr M. J. Glue), was convicted and fined *2O. He pleaded guilty. WARRANT ISSUED A Bench warrant was Issued for the arrest of Gary Donald Nisbet, aged 31, an unemployed truck driver (Mr L. M. O’ReiUy), when he felled to appear on charges of driving with an excesaive blood alcohol concentration and unlawfully taking a truck on August 19. MISCELLANEOUS OFFENCES In miscellaneous police prosecutions convictions were entered and fines imposed as follows, with costs ot *5 In each case:— Failed to stop at sign: Kenneth Fritz Johansson, *2O, disqualified for three months (no driver’s licence, *10). Person under age purchased liquor: Dorothy Joy Fisher, *lO (consumed liquor while under age, *10). Person under age found in hotel bar: David Bruce Clough’round In hotel bar after hours: James Kelly, *lO. (Before Mr W. F. Brown, S.M.) 'he Ironside story _wasjc>f S I field on June 12, was convicted and fined *l5 when he appeared on a charge of careless use of a motor vehicle. Charles Adolphe Biggin, aged 39, a television cameraman (Mr B. McClelland), pleaded not guilty to the charge In a statement to the police, Biggin said that about 4 p.m. he was driving a van owned by the New Zealand Broadcasting Corporation on Highway 73 near Sheffield when he fell asleep.

There were three passengers In the van and when he awoke one of them was trying to grasp the steering wheel. In the process of doing so the van overturned on the road. The Magistrate said that the heater in the van was on and there was a remote possibility that fumes had something to do with the accident. THEFT AS SERVANT Denyse Rayleen Forsyth, aged 26, a clerk (Mr K. N. Hampton), was convicted and remanded on bail to September 25 for a probation officer’s report and sentence after she had pleaded guilty to a charge of theft of *1044.83 in cash, the property of her employer, Coidwyn Sales, Ltd, between April 20 and June 15. During the case Mr Hampton sought leave to change his client’s plea from guilty to not guilty. Mr N. If. Gold, managingdirector of the firm which distributes ice-cream and frozen food-stuffs, said that the theft had been discovered after he had received a letter from the bank advising him that his account was riverdrawn. Forsyth had started work at the firm in March. Before she came there had been no deficiencies in the accounts. A application for suppression of name was refused. LIQUOR OFFENCE Person under 20 years of age consumed liquor on licenced premises: Edgar James Esmond Morris, *6.