MAGISTRATE'S COURT Eight youths, three girls fined after Kaikoura incident

Press, Volume CX, Issue 32439, 28 October 1970, Page 5

MAGISTRATE'S COURT Eight youths, three girls fined after Kaikoura incident

Eight youths and three girls appeared before Mr E. S. J. Crutchley, S.M., in the Magistrate’s Court yesterday on charges arising from an incident near Kaikoura on Saturday night They all pleaded guilty to charges of being found unlawfully in a building at Beach Road, Hapuku, and fines ranging from $l5 to $3O were imposed. One youth also pleaded guilty to a charge of wilful damage. Sergeant W. W. Maloney raid that at 11.30 p.m. on Saturday the police received a complaint that a gang of motor-cyclists had evicted a group of surfers from a barn where they had been given permission to stay while on holiday at Kaikoura.

One of the motor-cyclists kicked in the headlamps and did other damage to one of the surfing group’s van. Police reinforcements were called from Christchurch and Blenheim and at 4 a.m. they visited the bam, where they found eight youths and four girls sleeping in the loft Several motor-cyclists were sleeping elsewhere. Most of the defendants Told the Court that they thought permission had been granted for them to stay in the bam. Several of them said they had had no part in evicting the surfers. When the Magistrate said there had been no allegation that any of the surfers had been hurt, Sergeant Maloney said: “Oh, yes, there is sir! One person was hit over the head with a beer bottle and -others were tipped out of their sleeping bags, but noone could be identified. There was quite a scuffle.”

When fining the defendants, the Magistrate said the penalty related only to the offences as charged. The Court could not take into account who might have been responsible for the eviction of the other group. The income of the defendants was taken into account when fixing the fine. Fined $3O were Christopher Gerard Adams, aged 18, a carpenter, Philip John Didham, aged 18, a winder, Warwick David Drake, aged 19, a machine operator, Stephen William Alexander Hollis, aged 20, a fitter, Lindsay James Niven, aged 18, a factory worker, and David Alexander Thomson, aged 19, a machine operator. Ross Michael Johnson, aged 20, a sawyer, was fined $25 on the trespassing charge and $5O on a charge of wilfully damaging a vehicle belonging to Robert Michael Becconsall. He was ordered

to make restitution of $6.50. Colleen Dawn Elizabeth Downes, aged 19, a footwear operator, Sonia Mary Jones, aged 19, a typist, and Wayne Arthur Turner, aged 17, a machine setter, were each fined $2O. Susan Teresa Jones, aged 18, a punch card operator, was fined $l5. REHEARINGS GRANTED Of three youths who appeared for sentence on a joint charge of burglary at Wigram Radio and Electrical Services on October 4, one was placed on probation for two years, and the other two were granted rehearings after changing their pleas to not guilty. Gerrard Lambton Carter, aged 18, was placed on probation and was also fined $5O and ordered to pay S5O restitution. He was disqualified from driving for two years.

Stephen Bernard Doherty, aged 17 (Mr G. T. Mahon), and David John Westbury, aged 18 (Mr M- J. Glue), were granted rehearings after their counsel submitted that the offence had not been of their doing. These had been in their car outside the radio shop when their companion. Carter, suddenly picked up a soft drink bottle and threw it through the shop window.

He took two radios. Taken by surprise, the others drove away quickly with him in the car. Doherty and Westbury, both apprentice carpenters, had not

been represented by counsel when they originally pleaded guilty to the charge. $lOO FOR ASSAULT A fine of $lOO was imposed on Derek Howland, aged 22, a seaman, on a charge of assault when he appeared for sentence. He was ordered to pay half the fine to William Leonard MeCrane. On a further charge of wilful damage, he was ordered to pay Court costs $5 and restitution of $l5. The offences occurred on June 23 when Rowland punched a' cyclist who, he claimed, was annoying him. The cyclist’s spectacles were broken in the assault. PROBATION Grace Marguerite May Hartley, aged 17, was released on probation for two years when she appeared for sentence on three charges of burglary and four charges of receiving stolen property. She was ordered to make $15.79 restitution. She had pleaded guilty to burgling the house of L W. McCrory ' at 172 Colombo Street on October 9, and the house of I. J. Jerphanion at 41 Southey Street on September 23 and 28. She also pleaded guilty to receiving stolen clothing and other articles worth a total of $405 in the period between October 5 and 8. in mitigation, Mr R. S. D. Twyneham said the defendant’s troubles started when she left home and got into undesirable company. w STOLE TABLETS A storeman who stole 20 packets of contraceptive tablets from the pharmaceutical firm which employed him was admitted to probation for 12 months. Denis Colin Britt, aged 22, pleaded guilty to stealing the packets of contraceptive tablets, valued at $13.40, from Tasman Vaccine Laboratory on or about October 12. He also pleaded guilty to a charge of being in possession of prescription poisons on October 19. Sentencing the defendant, the ; Magistrate said these were not the drugs which caused so much public concern because of addic- 1 tion. This was a different matter altogether. However, to get them he had to resort to theft as a servant. Sergeant Maloney said the i Christchurch drug squad had received information that a girl had been given contraceptive ; tablets by her boy friend. The i defendant’s flat was searched ' and the tablets found in the 1 wardrobe. i The defendant told the police he took the tablets because his 1 girl friend was on the same ’ brand. 1 The defendant said he realised < he had fallen under the influ- : ence of his girl friend in taking 1 the contraceptive tablets. Hr had lost his job as a result ol the theft. ASSAULTED WIFE A man who hit his wife ovei the left eye with his closed fist was fined $3O on a charge of as sault. He pleaded guilty. Edward Hansen, aged 59, un employed, on being questioned said his wife had run into i

door, said Sergeant Maloney. OFFENSIVE BEHAVIOUR “Little boys of three or foui sometimes behave like this, bul we don’t expect persons of youi age to act like this,” said the Magistrate when fining Ronald Neil Whitley, aged 18, a timbei worker, $3O on a charge of behaving in an offensive mannei at Waipara on October 26. Sergeant Maloney said a passing motorist saw Whitley urinating on the side of the road neai Waipara. He made no attempt to conceal himself and several cars went by. OBSCENE LANGUAGE David Johnson, aged 25, a printer, was fined $2O on a charge of using obscene language outside the Royal George Tavern. He pleaded guilty. Sergeant Maloney said the defendant interrupted the police when his brother was arrested and said he was only trying tc help his brother. The language complained of was then used. “The police ripped my shirt ofl and this is why I lost my temper,” said the defendant io court. A man who was dancing about the Royal George Tavern on October 24 inviting people to dance with him and used obscene language when asked to leave, was fined $2O. Keith Johnson, aged 26, a steelworker, pleaded guilty to the charge and said, “I was pretty full at the time and could not remember what I said.” $2O FINE Thomas Dawson Kokiri, aged 36, was convicted and fined S2C on a charge of using obscene language in the bottle store oi the Papanui Tavern on June 26. He pleaded guilty. Sergeant Maloney said the defendant used the language when arguing with the bar manager about why he would not be served. He was told it was because of his previous conduct in the hotel. The defendant said he used

the language when he thought the bar manager was insulting him because he was a Maori. He was now sorry for using the language. FINED $5

John David Lester, aged 19, a 11 mechanical operator, was fined f $5 after pleading guilty to a charge of fighting In Cathedral Square on October 17. . Sergeant Maloney said the deJ fendant had been seen strugJ gling with another person on 1 the footpath outside the Cathe- . dral. The defendant said he * had not started the fight. ■- OBSCENE LANGUAGE s A man who reversed his car into another car at New Brighten oar park on October 24 and used obscene language when * asked by a police constable to ‘ leave a note on the other car, ; was fined $3O on a charge of ; using obscene language. r Darryl Foster Hlingsworth, * aged 23, a storeman, pleaded j guilty to the charge. FURTHER REMAND Ward Joseph Alexander Milton t Ashton, aged 22. was remanded . in custody to October 30, for . a medical examination before t sentence on two charges of burglary, one of theft, and one of ■ unlawfully taking a car. He * had previously pleaded guilty i to the charges and been coni victed. The Magistrate ordered the , examination for information into i the defendant’s possible addiction ; to drugs, after counsel, Mr A. K. ; Grant, said the defendant had been taking addictive drugs at the time of the offences. Mr Grant said that in a depressed state, the defendant had resorted to drugs. He had had previous trouble with drugs. Because of the drug taking he could not remember at all one of the burglaries and another had been committed at a doctor’s premises to obtain drugs. REMANDED Keith Allen John Hepburn, aged 17, unemployed, who was to have been sentenced on a charge of taking a vehicle from Five Star Motors, Ltd, on September 21, was further remanded on bail to November 3 for a psychiatric report to be obtained. MISCELLANEOUS OFFENCES In miscellaneous offences convictions were entered and fines imposed as follows with Court costs of $5 in each case. Drove with excessive alcohol concentration: John Victor Bryant, $5O and disqualfied for six months (exceeded 30 miles an hour, $10); Gerald Samuel Curry. $lOO and disqualified for 18 months. Careless use: Larry George Boyd, $2O and disqualified for three months (no warrant of fitness, Court costs only; no driver’s licence, $lO and disqualified for six months, disqualification to be concurrent). Exceeded 30 miles an hour:

Francis Joseph Phillips, $lO (failed to produce driver’s licence, $5; no warrant of fitness, $5). Failed to yield right of way: Alfred Henry $2O; Paul Christopher Lewis, $2O and disqualified for three months from November 10; Tony Cecil Reeves, $2O. Person under 20 found in bar: Kingi James Winitana, $5. Person under 20 purchased liquor: Charles Norman Green* slade. $lO. (Before Mr W. F. Brown, S.M.) EIGHT MONTHS GAOL Albert Donnelly Gearachawski, aged 24, an unemployed workman (Mr C. A. McVeigh), was sent to prison for eight months when he appeared for sentence on two charges of having unlawful sexual intercourse with a girl aged 14. The Magistrate said he was taking into account the fact that Gearachawski was mentally retarded, and that although he had a long list of previous offences, most of them were for driving offences. - DISCHARGED A man who said he was trying to throw grass on the opposite bank of the Heathcote River and had misjudged the strength of the wind was discharged without conviction on a charge of throwing grass clippings into a water course. James Dow pleaded guilty to the charge, and explained that he was cutting the grass at the river-side on September 5, as the council workmen had not cut it this year. The grass had fallen into the river and he was getting it out with a fork and throwing it 15ft across the river on to the opposite bank when he was apprehended by a council inspector. The inspector had no identification with him and a heated conversation ensued, said Mr Dow. “I have taken pride in the river and kept It clean. Last autumn the river was covered by grass from side to side, so I cleared it myself,” said Mr Dow in Court. He was unaware that proceedings were being taken until he received a summons.

Mr Dow. “I have taken pride in the river and kept it clean. Last autumn the river was covered by grass from side to side, so I cleared it myself,” said Mr Dow in Court. He was unaware that proceedings were being taken until he received a summons. MISCELLANEOUS OFFENCES In miscellaneous offences convictions were entered as follows with Court costs of $5 in each case and a solicitor’s fee of $8.30.

Unlicensed television: Milton Douglas Aikin, $6: Mary Candlisn, $l2; Derick Murray Dennis, $6; Frederick Henry Gilmore, $6; Thomas Graves, $6; Donald Leslie Lewis, $5. Unlicensed radio: David Glasson, $6; Madeleine Kortegast, 14. Unregistered dog: Wayne Andrews, $6; Edwin Robin Adam, $8; Walter Sayer, $5; Colin Fox, $5; Yvonne Mary Halligan, $6; Karoly Kohalml, $5; Maria Kovac, $4; Beverley Newell, $6. Failed to close shop on a Sunday: Marcia Ethel A’Court, S 3; Eleanor Amer, $4; Allan John O’Sullivan, $3; Thomas Henry Smitheram, $3; Eric William Boyle, $3. Overtook in Lyttelton road tunnel: Christopher Brian Hooper, *B. Failed to clear noxious weeds: Edison John Smith, $B.

CIVIL CASES JUDGMENT SUMMONSES Orders on judgment summonses were made as follows: Clement Leonard Morrison, labourer, Fenchurch Street, to P®¥ Mackay Company, Ltd, $53.17, in default 15 days Imprisonment, warrant suspended as long as defendant pays $2 a week C. Ashby, labourer, Yarmouth Street, to pay Standard Publishing Company, Ltd, $57.70 ($2 or 15 days); B. F. Augustine Avonhead Road, to pay Avon Electric Services, Ltd, $17.75 ($2 or live days); L. M. Bakes, married woman, Cardrona Street, to pay Avondale Foodmarket $51.50 ($1 or eight days); Gwendoline Florence Burke, married woman, Glenfield Crescent, to pay John Morris Car Sales, Ltd, $180.23 ($4 a month or 40 days);. J. S. But-

son, traveller, Penwood Place, to pay Metropolitan Service Station, Ltd, $53 ($2 or 15 days); A. K. Fowlds, workman, Grants Road, to pay L. R. Manderson, 5232.50 ($1 or 70 days); A. K. Fowlds, pastry cook, Grants Road, to pay Cooper Henderson Motors, Ltd, $71.63 ($1 or 20 days). Malcolm Thomas Jackson, contractor, Gainsford Street, to pay Christchurch City Council $13.50 ($2 or four days); Maurice Marshall James, fencing contractor, Sandown Crescent, to pay Alpine Sawmills, Ltd $196.86 ($2 or 60 days); H. J. Mason, driver, Armagh Street, to pay Dominion Television Services, Ltd, $43.70 $2 or four days); Colin CampWorcester Street, to pay l J. B. Westray and Company (N.Z.), Ltd, $101.87 ($2 or 30 days); K. Morgan, salesman, Twynham Place, to pay P. J. Collins $2O ($2 or four days); Colin Campbell McDonald, traffic assistant. Church Square, to pay Spreydon Men’s and Boy's Wear, Ltd, $31.5 ($2 or eight days): Harold Transvaal McGrath, driver, Koromlko Street, to pay Williams Motor Electrics, Ltd, $13.12 ($8 a month or four days). Anita Diane McKellar, married woman, Colombo Street, to pay Weston Ward and Lascelles 519.20 (50c or four days); S. A. McLaren, workman, Dunstan Street, to pay T. A. Cooper $92 ($2 a month or 20 days): T. J. Packer, civil servant, Snell Place, to pay Sedley Wells, Ltd, $86.88 ($2 or 20 days); H. Smith, workman, Horton Place, to pay G. McClatchle and Company, Ltd, $77.1 ($2 or 20 days); Maurice Alfred Tomlinson, warehouseman, Staveley Street, to pay P.

i, Z. Harris and Associates $l4 ($2 i- or three days); Stewart Cam- ; eron Turvey, labourer, Carlss brook Street, to pay P. NorthI, over $24.50 ($1 or seven days); :. S. C. Turvey, Carisbrook Street, s to pay H. M. Schaare and Son i $13.20 ($1 or three days). 3 (Before Mr H. J. Evans, S.M.) i- FINED $75 Y Christopher John Drewery, 9 aged 19, a boilermaker (Mr J. -■ S. Bisphan), was convicted and ', fined $75 and disqualified from e driving for six months on a 9 charge of failing to stop after •, an accident in Durham Street on i June 12. 9 ■ On charges of failing to ascer- » tain If a person had been in- . jured and having no warrant of , fitness he was convicted and . ordered to pay costs. i The defendant pleaded not 9 guilty to the charges of falling - to stop and failing to ascertain, , and guilty to the charge of havi Ing no warrant. 5 HOTEL OFFENCE ' On a charge of falling to en- ' ter the name and address of a , lodger In the register of the 1 Empire Hotel, Lyttelton, on August 29, George Allan Smith, a I hotel manager (Mr G. S. Broc- ' kett), was convicted and fined > $lO. He pleaded not guilty. ; (Before Messrs R. H. Harris and > R. W. Moreland, Justices of the Peace) ; TRIAL BY JURY I On a charge of stealing 270 • gallons of soya bean - ' . $607.50 from his employer at that , time, a man whose name >. . a > suppressed In the Interim was ■ committed to the Supreme . Court for trial.

The 32-year-old man was represented by Mr B. J. Drake. Defence was reserved.

The offence Is alleged to have ben committed between November 1, 1969, and January 31, 1970.