MAGISTRATE’S COURT Five months imprisonment for threats to kill

Press, Volume CX, Issue 32450, 10 November 1970, Page 12

MAGISTRATE’S COURT Five months imprisonment for threats to kill

A 20-year-old tussock grubber who threatened to kill his father and a police constable at Amberley on September 28 was imprisoned for five months and put on probation for one year when he appeared for sentence before Mr E. S. J. Crutchley, S.M., in the Magistrate’s Court yesterday. He was also ordered to undergo psychiatric or medical treatment as directed. Roger Campbell Patenion (Mr B. McClelland) was appearing for sentence on two charges of threatening to kill and one charge of burglary. On the burglary charge he was convicted and discharged. The charges were the result of an incident at Amberley when 40 policemen, including the armed offenders squad, had surrounded a house where the defendant was discharged a .22 rifle. Counsel said that a shot from the .22 rifle was fired just by the door of the bedroom and went through a window five feet from the ground and six feet from the head of the father. “It was fortunate that no serious harm occurred to anybody,” said the Magistrate. “The shot itself was fired in such a way that it was unlikely your father would be hit” “You are not mentally disabled, but it is said you have a severe personality disorder,” continued the Magistrate. “You had taken prescribed drugs and alcohol. “Public interest requires a firm penalty,” said the Magistrate before imposing the prison sentence which was five months instead of six as the defendant had already spent one month in custody. FINED *IM “I hope this will he enough to make you keep your fists to yourself in future,” the Magistrate said when imposing a fine of SIM on a young man charged with assault. The defendant, Peter Earl Tomlinson, aged 19, a builder’s labourer, pleaded guilty to the charge of assaulting Manson MacNelll on November 7. Senior-Sergeant F. C. Mui-

care said the defendant was attending a party about 10.15 pun. when he became Involved in an argument over the length of the complainant’s hair. He then struck the complainant three times in the face with his fist The defendant told the police he hit MaeNeili because he had given him cheek. BURGLARY “Make sure this is the first and last time you appear in Court to answer any kind of serious charge,” the Magistrate said when sentencing a youth on a charge of burglary of the North Beach Pharmacy on October 31. The defendant, John Kenneth Baughan, aged 17, a welder (Mr L. M. O’Reilly), was placed on probation for one year and disqualified from driving for one year. The Magistrate said It was a great pity the defendant had spoiled his good record. The trouble was that he had got into, poor company on this occasion. t PROBATION iSelwyn Roas Benfell, aged 17, an apprentice carpenter (Mr L. M. O’Reilly), was placed oh probation for 18 months and disqualified from driving for one year from November 23, when he appeared for sentence on charges of burglary of the North New Brighton Library and the North Beach Pharmacy on October 31. The Magistrate said the defendant took no part in the breaking and entering, but knew what was going on. He permitted the stolen property to be put into his car. ASSAULTED WIFE Keith Graham Galbraith, aged 25, a metal polisher, who kicked his wife and struck her about the head and chest during a domestic argument, was fined $3O on a charge of assault. He pleaded guilty. Galbraith told the police on November 7 that he did not know It was an offence to assault his wife in his own home. His wife suffered bruises to the jaw, said Senior-Sergeant Mulcare. *T did it accidentally and on the spur of the moment,” said the defendant. STOLE GROCERIES On a charge of stealing groceries worth 48c from the Self Help, Ltd, New Brighton, on November 7, Peter Edward Jones, aged 28, an Unemployed steward, was convicted and fined $2O. He pleaded guilty. Senior-sergeant Mulcare said a store detective saw the defendant slip packages of foodstuffs under his folded coat and leave the store without paying. When Interviewed by the police the defendant said he was drunk and forgot to pay. OBSCENE EXPOSURE A man who twice urinated in Worcester Street near a couple

seated in a car, was fined $BO. He pleaded guilty to a charge of obscene exposure. Ross William Underwood, aged 23, a printer, committed the offences at 1.30 a.m. on November 8, said Senior-Sergeant Mulcare. “I had quite a lot to drink,” said the defendant in Court. OBSCENE LANGUAGE Gordon Rex Orr, aged 22, a workman, pleaded guilty to a charge of using obscene language in Seaview Road, on November 7. He was convicted and fined $3O. MISCELLANEOUS OFFENCES In miscellaneous police prosecutions convictions were entered and fines imposed as follows, with costs of $3 in each case:— Owned dog which rushed at a person: Henry James Hill. $lO, and ordered to keep dog under proper control (unregistered dog Failed to keep to the left: Lionel Leslie Sillifant, $lO (exceeded 30 miles an hour, $3O). Drove carelessly: John Alexander McKenzie, $25. TRAFFIC CHARGES In undefended prosecutions brought by the Ministry of Transport, convictions were entered and fines imposed as follows, with Court costs $5: Exceeded 30 miles an hour: William Edward Drewltt, $l5; Frederick Robert Fleming, $25; Eunice Lynch, $10; Marcella Clare Marshall, $25; Lawrence Ormandy, $2O; Gillian Edna Spinner, $l2; Matthew Walton, $2O; Leslie George White, $25; Brian Frederick MoNicholl, $3O; Stephen John Barker, $l5; Davida Adelaide Brundall, $25; Wayne Robert Clark, $2O; Christopher James Cooke, $25; Alan Robert Daniell, $10; Johannes Mana De Jong. $l2; Edna Elizabeth Doell, $2O; Denis Robert McPartlln. $l7. Failed to stop at compulsory stop: Steven James Frew, $7; Thomas Downey, $5; Michael Dennis Thompson, $6; Charles Alfred Walker, $6. Failed to comply with traffic lights: Robert Edward Mayers, $25; Anthony Michael Nally, $lO. Failed to comply with lane markings: Milton Norman Durham, $lO. (Before Mr W. F. Brown, S.M.) TRAFFIC OFFENCES In undefended prosecutions brought by the Ministry of Transport, convictions were entered and fines Imposed as follows, with Court costs $5 on each charge: Drove! at speed that might have been dangerous: Straun John Cameron, $4O and disqualified from driving for one year; Michael John Sheppard, $4O and ordered to attend three traffic lectures, and disqualified for one year. Drove carelessly: Charles Ludwig August, $10; Michael William Gray. $2O, disqualified three months; Ngarumu Lowe, $2O and disqualified three months; Alan James Robinson, $3O; Raymond James Tait, $3O; Nigel Arthur Williams, $2O. Drove while disqualified: Desmond Hunt $lOO and disqualified for one year. Exceeded 30 miles an hour: Russell Philip Radcliffe, $l5; John David Hodgson, $10; Bryce Gerard Paul Paterson, $8; Peter Charles Guthrey, $lO (no warrant of fitness, $2); Graham Lindsay Harris, $l2; David Hakarala, $3O; Leon Charles Aldridge, $10; John

Wayne Anderson, $24; John Edward Black, $24; Jeremy David Cook, $24; Paul Allan Dixon, $25 (worn tyre, $2); Kevin Leslie Evans, $l3; Roger Paul Griffiths, $25; Thomas Sharp Grimshaw, $10; Graham Lindsay Harris, $l2; Peter Graeme Jones, $25; Bryce Gerard Paul Paterson, $8; Ronald John Richards, $l2; Russell Philip Radcliffe $l5; Wayne Brian Randall, $l2; Robert Leonard Sandford, $25; Godfrey Alan Smith, $8; Heather Anne Sutton, $l5; Neville John Smith, $l2; Peter Stemp, $24; Betty June Timpson, $10; Cornelius Van der Lee, $10; Kenneth George Wakeltn, $25; Robert Spencer Talbot, $8; Richard lan Warren, $8; Barry Gordon Weston, $25; John Edward Black, $24. Failed to yield right of way: Terence John Bourke, $2O and disqualified for three months; George Francis Parker, $2O. Failed to comply with traffic lights: Kenneth Hakett Fraser, $3O. Failed to stop at stop sign: Edward Thomas Collins, $lO. Worn tyre: Paul Boby, $4; Robin Lloyd Flattery, $2; Ralph Richards, costs only; Paul Leater Stokes, $4. Permitted unlicensed person to drive; Susan Williamson, $5. (Before Mr H. J. Evans, S.M.) FINED $l2O Frederick Herbert Due, aged 57, retired, was fined $l2O and disqualified from driving for three years when convicted on a charge of driving with an excessive blood-alcohol concentration on August 8. He pleaded not guilty and was represented by Mr G. T. Mahon. The charge was a consequence of an accident In Avonhead Road. The blood analysis showed a concentration of 236 milligrams of alcohol to 100 millilitres of blood. CHARGE DISMISSED A charge against Roger Wayne Robertson, of assaulting Norman Wallace Cleary on October 17, was dismissed. He pleaded not guilty and was represented by Mr L. M. O’Reilly. Mr Cleary said his son had gone down the drive to see the defendant who had challenged him to a fight. When his son picked up a milk bottle, witness Intervened and ordered ths defendsnt off the premises. He stepped forward “to show I meant no nonsense.” and was struck over the eye and on the bead by the defendant, who was holding a short metal rod in his fist. The Magistrate said he found no prlma facie case against the defendant because of provocation on the part of Mr Cleary’s son, first by going outside, and second by picking up the milk bottle. “I feel he had some cause to feel entitled to defend himself,” he said. FOUND IN YARD George Ronald Collier, and Peter John Foster, both aged 22, labourers, wen remanded to November 17 for probation reports when they pleaded guilty to joint charges of being rogues and vagabonds In that they were found by night in the encloeed railway yard in Carlisle Street, and removing Items from waggons. A charge of stealing the items was withdrawn.

The two were arrested in the yard after breaking the seals of several waggons. They had nmoved two axes and several bottles of shampoo and lotion.