MAGISTRATE’S COURT Girl fined and admitted to probation on narcotics charge

Press, Volume CX, Issue 32458, 19 November 1970, Page 13

MAGISTRATE’S COURT Girl fined and admitted to probation on narcotics charge

"This case presents a classic example of the danger of using marijuana,” Mr P. L. Molineaux, S.M., said in the Magistrate's Court yesterday when sentencing a 17-year-old girl on charges of using the narcotic morphine, possessing morphine, and possessing a hypodermic syringe and needle for administering the drug. Judith Potts was released on probation for two years on the charges, with the condition she take such psychiatric treatment as directed and that she not associate with any persons not approved of by the probation officer. She was fined $lOO on the using charge, $5O for possessing the narcotic, and ordered to pay $5 Court costs on the charge of possessing the syringe. “There are those who have said that here is no harm in marijuana and when she was in Auckland she no doubt took that view,” said the Magistrate. “But there are always those who say it predisposes to a tendency to graduate to harder drugs, and this is exactly what she has done. “She has graduated from pot smoking to the use of intravenous injections of morphine. “She has been foolish enough to try this form of indulgence which if persisted in can only lead to destruction of personality and severe physiological effects. “It is not as though she did not know what she was doing or that what she was doing was wrong. “Had she been older there can be no question but that she would have been imprisoned. The courts take a very serious view when persons persist in this kind of Indulgence in spite of the widespread publicity and

growing feeling of public ' alarm,” the Magistrate said. In mitigation, Miss J. M. Manson said that the defendant had led an unsettled, almost nomadic family existence. She had left school at 16 and got into the company of older girls, moving from job to job and city to city. Miss Manson said the defendant had retreated into a self-destructive, fatalistic frame of mind. She had been taking the morphine only a short time and was not physically or psychologically addicted. AULSEBROOK THEFT Security for loans made to two men was the explanation Rex Berl, aged 52, a painter, gave rce for receiving $2OOO stolen the Aulsebrook payroll robbery last Christmas Eve, said Sergeant O. A. Hume. Berl pleaded guilty to receiving the money, knowing it to have been dishonestly obtained, and was convicted and remanded to next Wednesday for probation report and sentence. The remand was ordered to be in custody in view of the seriousness of the offence but Bert was granted bail after a special application was made to the Supreme Court later in the day. Sergeant Hume said the pay clerk at Aulsebrook and Company, Philip Ronald Henley Brown, called the police and alleged he had been assaulted and robbed of he firm’s Christmas payroll of $21,626. He alleged that while he had been making up the pay about midnight on December 24 two men had entered the office and knocked him unconscious. Extensive police inquiries were made and the defendant’s home at New Brighton was searched on October 15. A glass jar containing $2OOO in $lO notes was found buried behind a shed on the property. This was positively identified as being part of the money stolen from Aulsebrook and Company. Sergeant Hume told the Court the defendant’s explanation for having the money and the names of the two men he had accepted it from aa security, but then asked that this information be suppressed in the interests of justice. For the defendant, Mr A. Hearn asked for suppression of name. He said the alleged principal in the case had elected trial by jury and publication of the defendant’s name might prejudice that person’s trial. He said the defendant had been fully cooperative with the police and his state of health waa not the best The Magistrate refused to suppress the defendant's name. RECEIVING CHARGE A young woman whoso name was suppressed faced a charge of receiving $lOOO stolen from Aulsebrook and Company in the payroll robbery. , . She did not plead to the charge and was remanded on bail to Wednesday. She was represented by Mr C. A. McVeigh. ASSAULT IN POLICE STATION After an Incident with some youths, Paul John Murray, aged 17, unemployed, followed one into the Papanul police station and hit him on the head with a piece of timber, said Sergeant Hume. Murray pleaded guilty to assaulting Trevor John Carstairs, and to wilfully damaging a car owned by Dennis . Graeme Murray. He was convicted and remanded on ball to November 25 for probation report and sentence. Sergeant Hume said Murray went up to the complainant's car on Tuesday and kicked it twice, causing dents and scratches. When the occupants went to the police station he followed them Into the watchhouse and assaulted Carstairs with a fence paling. He said he was in a bad mood. 25 CHARGES Lynn Ann Melville, aged 19, a housewife was remanded on ball to December 3 to enable her to obtain legal aid when she appeared on 25 charges of obtaining goods and money worth $290.34 by false pretences. No plea was entered. BENCH WARRANT ISSUED . A bench warrant waa issued for the arrest of Leonle Phyllis Bailey, a social security beneficiary, who failed to appear on 13 charges of fraud or forgery. FINED $l2O One of four youths who attempted to set fire to a telephone box, for which purpose they stole a roadworks lamp and wilfully damaged a telephone directory, pleaded guilty to the three charges. The other youths had appeared previously. Phillip Charles Church, aged 17, a factory worker (Mr P. F. Tempera), was convicted on each charge. On the charge of stealing a roadworks lamp he was fined $2O; on the attempted arson charge, $lOO and released on probation for 12 months; and on the wtlful damage charge, Court costs and restitution of 25c. The Magistrate said that there was no question of who was more to blame, “This was a group exploit, each having a similar part to play,” he said. ASSAULTED CONSTABLE Brian Burnett, aged 19, a factory hand, pleaded guilty to a charge of assaulting a police constable on November 5 at New Brighton. He was convicted and remanded on bail to November 25 for a probation report and sentence. . . Sergeant Hume said that the incident arose from a confrontation between some police constable and some youths at New Brighton at 10.45 p.m. on

November 5. A constable involved in the struggle was hit on the lower lip by the defendant’s clenched fist. THREE CHARGES Albert Keith Rollo, aged 18, an apprentice panel beater (Mr D. H. Stringer), waa fined $5O and disqualified from driving for 12 months on a charge of driving in a dangerous manner in Worcester Street and Fitzgerald Avenue on September 4. He pleaded guilty. On a further charge of falling to stop after an accident he was fined $3O, and for falling to ascertain Injury after an accident he was convicted and ordered to pay $5 Court costs. He also pleaded guilty to these charges. Sergeant Hume said the defendant had made a turn at high speed, striking a parked car which was pushed forward on to another. He accelerated away but later reported to the police station. He said he did not atop because he was scared and did not want to get into trouble. SHOPLIFTING A 74-yeanold woman whose name was suppressed was discharged without conviction under Section 42A of the Criminal Justice Act after she pleaded guilty to stealing a singlet worth 69 cents from a shop in New Brighton, and a packet of nuts worth 30 cents from another shop in New Brighton, on November 14. The woman was represented by Mr L. M. O’Reilly. The Magistrate said he would not Impose conviction in view of the defendant’s blameless life and her advanced age. He ordered her to pay $5 court costs on each of the charges. THEFT Linda May Briggs, aged 17, was convicted and fined $3O on a charge of stealing $1.35 from Beath and Company, Riccarton, on October 19. She pleaded guilty. Sergeant Hume said she had taken the money while preparing the firm’s banking. ASSAULTED CHILD Bruce Alan Macintosh, aged 26, a machine labourer (Mr K. N. Hampton), was convicted and remanded on bail to November 25 for a probation report and sentence when he pleaded guilty to a charge of assaulting a girl aged four years on May 16. Mr Hampton said that Macintosh was feeble minded and had spent half his Ufa In institutions. The Magistrate said that the psychiatric report* indicated that Macintosh was not suffering from mental illness. MISCELLANEOUS OFFENCES In miscellaneous charges brought by the nolle*, convictions were entered and fine* imposed as foUows, with Court costs $5 on each charge:— Failed to give way: Kenneth Frederick Burrin, $25; Ronald Barry Fletcher, $25, disqualified for one month; Valerie Bassett, $2O. Attempted to pass on intersection: Peter John Wardell, $25, disqualified for one month. Unable to stop in half clear distance: David Philip Crampton, $2O, disqualified for one month. Drove carelessly: Steven Richard Chapman. $3O; Ronald Peter Hawthorne, $l5 (no driver's licence, $l5, disqualified for three months). No warrant of fitness: Anthony Michael Dempsey, $4. Prohibited person found In pubUc bar: Michael Roderick Gallagher, $lO. Person under 20 consumed liquor In public bar: John Douglas Ross. $l2. Person under 30 found in pubUc bar: Kahu Hlmona, $l4; Carol Ann Smith, $l3; Graeme Leonard Jones. $lO. IMPRISONMENT “You seem to be a specialist in this type of offence,” said the Magistrate before sentencing Oliver Goldsmith McKinley, aged 44, unemployed, to imprisonment for one year and a half. The defendant, who waa not represented by counsel, was appearing for sentence on seven charges of credit by fraud and one charge of false pretences. The charges relating to Incurring debts for meals and lodging and obtaining flowers by false pretences. “You are addicted to a particular drug and are not prepared to break the addiction voluntarily,’’ said the Magistrate. ■These offences were committed when you were absent without leave from the hospital where you were receiving treatment You are not In urgent need of treatment for drug addiction although you are a certified drug addict The probation officer’s report says that you are able the habit If you want $6O FINE “You were put on probation for a previous conviction of burglary and a matter of days later you committed these other offences,” said the Magistrate before Imposing sentence on a 17-year-old girl who appeared on two charges of burglary. Grade Margaret May Hartley, unemployed (Mr M. J. Glue), was fined a total of $6O and ordered to pay restitution of 75 cents. “It seems Incredible she should deliberately set herself yut to be caught, but perhaps the home situation can explain this,” said Mr Glue. “My client has a tendency to romanticise,” he continued. “She does deserve this last chance.” The probation report says you wanted to be caught again as you want to get yourself from your home environment,” said the Magistrate. “I could write just two words, ‘borstal training,’ and if you offend again there is only one place and that is borstal.” DISMISSED A charge of obscene language against a 37-year-old Australian seaman was dismissed when the Magistrate said that the first word used was quite obviously obscene and it was a case of a somewhat childish method of breaking up the words into syllables. Paul Raymond Davis pleaded not guilty to the charge. DAMAGED DOOR A 22-year-old shift worker who kicked in a glass door valued at $l5 when he left a party, was fined $l5 and ordered to pay restitution of $l5 when he pleaded guilty to a charge of wilful damage. Kevin William Coles (Mr L. M. O’Reilly), committed the offence on July 4 as he was leaving a party at the complaintant’s address, said SeniorSergeant F. G. Mulcare. He said three males had kicked in the side of his companion’s car and he was annoyed. Counsel said that his client had Intended to defend the charge as it was not intentional or wilful. A further charge of common assault was withdrawn when the prosecutor explained that there was more than one Tyson (the complainant) at the party and it was not this defendant (Coles) who struck him. DETAINED A man, whose name waa suppressed, was detained in hospital as a special patient, when medical evidence showed that he was unfit to plead to a charge of assault with intent to injure. The man, who had previously been committed to the hospital, did not appear. He was represented by Mr J. E. Butler, who said that his client would be unable to understand the Court proceedings. His client was not aware of a grave disability himself. Dr J. A. Begg. medical superintendent of the hospital, said that the defendant was referred to his hospital on March 2 following an assault on ' a neighbour. He was suffering from schizophrenia and unable

to think dearly and heard hallucinatory voices. In his opinion, the defendant was under disability and unable to make a proper plea. FINED $lOO “This was a series of thefts involving $584 worth of property,” said the Magistrate before sentencing Kevin Warren McFarlane, a die caster (Mr E. T. Higgins), on 10 charge* of theft. The defendant was fined a total of $lOO, ordered to pay restitution of $3O and released on probation for a period of three years. Counsel said that bls client had lived with two older persons with a longer list of offences than himself. Most of the property stolen had been recovered and although his client had a bad list of previous convictions, most were driving offences. “You have had some detention centre and borstal training,” said the Magistrate. “You have been out of borstal since January and if it was a question of imprisonment, it would have to be a reasonably long one.” (Before Mr W. F. Brown, S.M.) TRAFFIC OFFENCES In traffic charges brought by the Ministry of Transport, convictions were entered and fines imposed as foUows, with Court costs of $5 on each charge:— Exceeded 30 miles an hour: Kltreen Wendy Baxter, *l3; Norma Patricia Harris, $22; Godfrey Wayne Brown, $22; Robert Logan King, $10; Avian Levy Peach, $2B; William Gillian Walker, $lO (failed to comply with traffic lights, $l5. disqualified for one month); Christopher Alfred Cole, $10; Alistair Moffat Nicol, $2B; Alan Coster. $lO (failed to produce licence, costs only; no warrant of fitness, costs only); Ronald Barry Fletcher, $l7: Eric Douglas, $10; John Reginald Gardiner, $10; Eric Waiter Hammond, $25; Jonathan Walter Hearne, $25; David Malcolm Harriott. $l5; Adrian Beven Larson, $3O; Susan Janet Perry, $l3; Mollie Pryor, $10; Bartolhemus Dirk Van Steens, $25; Jacqueline Patricia Stockdale, $26; John Charles Thomas, $2O; Murray Kent Allen, $10; Peter Joseph Daly, $lO (worn tyre, $3); Norman Leslie Ayers, $2B; Walter Henry Barlow, $10; Graham Alan Cook, $l2; Robert Paul Currie, $25 (failed to produce driven: licence, $5); Graeme Douglas Fox, $18; Ivan Thomas Gregg, $3O; Barry Edward Horton. $2O; Vivian Sydney King, $3O; Roes Patrick Maguire, $l2; Joanna Mildred Mowat, $l2; Alan Ralph Pearce, $l2, $25 (two ebsrges); Neville Wayne Robertson, $l2; Roger Burrin, $10; Brace Eyres Calvert, slo;Bernard Davis, $l2; Gloria June Foster, $22; Paul John Jamieson. $10; Timothy Patrick Keys, $l4; John Carroll King, $10; Vagm Amton Ciuve Klublem, sl2;' Fay Rhonda Nicklln, $10; Murray William Sldaway, $10; Edward William Somerville. $10; Trudd Johannes Wylaars, $10; Rex Kenneth Youthed, $10; Nancy Bertha Stanbury, $l5; Frank Albert Stevens, $l5; Wesley Tom shemko, $10; Stephen Patrick Vickers, $8; Valmal Agnes Adams, $10; Leslie Albert Campbell, $10; Averill Dianne Cottam, $10; Rob ert lan Face. $l2; William Neil Foster, $2O. Exceeded 60 miles an hour Alexander Ashford, $l2; Douglas Gavin Thomson, $3O. Exceeded 50 miles an hour Alice Lorraine Trezlse, $l2. Exceeded 40 miles an hour: John Malcolm Betts, $25; Alan Michael Samson, $l4. Exceeded temporary speed limit: Bruce Douglas Mackay, $2O; Murdoch William McKenzie, Drove carelessly: Donald Wayne Box, $25, disqualified for four months: Michael Francis Paterson, $25 (failed to display L sign, $3); Kwang Soon Kueh, $25. Excessive blood-alcohol concentration; Anthony Bryce Youngmen. $7O, disqualified for one year; Frank Hugh Skelton, $lOO, disqualified lor2l months; Reginald Mori, $5O, disqualified tor two year* and a half: Chris topher John Giddens. $5O, disqualified for six months. Failed to give blood speclman: Edward Wooster, $lOO, disqualified for one year. Failed to atop at sign: Cyril Edward Howard, $9: Lance Francis Le Llevre, $B; John Leslie Ireland, $10; Diane Evaline Randle, $10; Patrick Sloan, $10; Robyn Frances Gallagher, $10; Sydney Nesbitt, $lO, Failed to comply with traffic lights: Leonard Arthur Webb, S2; David Allan Owen Cooper, $l5 (exceeded 30 miles an hour, $24); Barry Edward Brown, $25; Terrance James O'Caln, $25. Proceeded from stop sign before way clear: Margaret Chapman, $l5. Failed to keep left: Peter Robinson, $7. Failed to display licence sticker: WUlism Alexander Anderson, $3. Failed to give way at signAlbert Douglas Ridden, $l2. Insufficient lights: William Barrie Cook, $lO. Insecure load: Graham Dennis Marsbergh, $lO (no warrant of fitness, costs only)Defective brake: John Richard. Syme, $4; Robert James Moffat,; $8; Reginald George Williams, I $5 (worn tyre, $3). No rear red light: Edward, George Willman, $2. No driver’s licence: Warren John Hobson, $6. disqualified for three months (no warrant of fit ness, $2); Pauline Cleaver, $6, > disqualified for three months. Carried pillion passenger while holder of provisional licence:; Barry James Voice, $6. Insufficient tread on tyres: William David White, $4 (no rear light, $2); Peter McKenzie Hill, costs only; Russell Lindsay Wilkes, $3. Unlicensed motor vehicle! I Ivan Bolton, $4; Carl Francis Henderson, $6 (no warrant offitness, $2). Permitted unlicensed person to drive: Ronald George Parkin, $4.