MAGISTRATE’S COURT Man gaoled for two years for offences on girl

Press, Volume CX, Issue 32459, 20 November 1970, Page 15

MAGISTRATE’S COURT Man gaoled for two years for offences on girl

“These were disgusting offences committed over a period of months on a mere child,” Mr E. S. J. Crutchley, S.M., said in the Magistrate’s Court yesterday when he sent Harvey Ashworth, aged 54, a storeman, to prison for two years when he appeared for sentence on six charges of indecent assault on a girl aged 10. Asked if he had anything to say, Ashworth, who was not represented by counsel, said that he had made his submissions the previous week. He wanted to return to his wife and family. He realised what he had done and was very ashamed. “You have a long history of previous offences but no historv of offences of a sexual nature/ the Magistrate said. “The probation officer states that you have made an effort to overcome your dishonesty but these acts were premeditated and persisted in for some time. Young girls have to be protected. You are liable to 10 vears imprisonment and the very least term the Court can impose Is a term of two years,” the Magistrate said. FINE AND PROBATION A soldier, who committed a series of false pretences in order: to get out of the Army, according to his counsel, was admitted to probation for two years, fined 1150. and was ordered to make restitution of $832.15. He is Mark Andrew Wright, aged 18, who was appearing for: sentence on 18 charges of false: pretences involving the issue of valueless cheques and two of. obtaining credit by fraud. Mr C. A. McVeigh, for the accused, said that the reason why Wright had committed such, a large number of offences was to get out of the Army. He had. entered the Army hoping to make it his career and had signed on for five years.

He had tried to get posted to Fiji and to join the Military Police but had been turned down both times. He adopted a childish attitude and was absent without leave.

Wright realised what he had done was mean and dispicable. He had learned his lesson and w hen apprehended by the police had made a clean breast of his offences. Mr McVeigh said. “You have no previous convictions in the Magistrate’s Court but these are serious offences.” the Magistrate said. "You used your own cheque forms and it was inevitable that you would be caught False pretences is a dangerous offence because it is so easy to commit and to repeat. You have already spent a period in Army detention for being absent without leave.” PERIODIC DETENTION George Leonard Jury, aged 24, a butter packer (Mr S. H.; N. Stamers-Smith), was sentenced to nine months periodic detention and released on probation for one year from the expiry of the detention period when he appeared for sentence on a charge of burglary. An order for the return of property was also made and the question was reserved. “The child crying outside, is his (Jury’s), he is in dire straits,” said counsel. "Regarding the burglary, a friend said, ‘do you want to help us pick, up some stuff.’ A third person removed the goods and my client helped to place the goods in the car. He I did not enter the premises.” The Magistrate said that most; of the goods, valued at $1500,1 were still unrecovered. The de-‘ fendant had not initiated the burglary and had some handicap as far as intellectual level was concerned FORGERY CHARGES Joseph Ranginui Edwards, aged 24, unemployed, pleaded guilty to 10 charges of forgery. He was'

convicted and remanded in custody to November 26 for a probation report and sentence. Senior-Sergeant F. G. Mulcare taid that when interviewed on Wednesday, Edwards said he had found some cheque forms when he went to live in a house at Waipawa. These were filled in and $550 in cash obtained, said Senior-Sergeant Mulcare. George Vincent Edwards, aged 38, unemployed, pleaded guilty to 13 charges of forgery. He was convicted and remanded in custody to November 26 for a probation report and sentence. Senior-Sergeant Mulcare said ; that Edwards had forged nine cheques which had previously been stolen. These cheques were later cashed by his brother’s wife and another woman, and $567 obtained. “BRUTAL” ASSAULTS Fonu Kuki, aged 32, a labourer (Mr L. M. O’Reilly), pleaded guilty to two charges of assault. He was convicted on each charge and remanded on bail to November 26 for a probation report and sentence.

5 Senior-Sergeant Mulcare said ’ that on November 5 Kuki was Ji drinking in a tavern with Mrs I Rae Carter. When she began • • talking with Patrick Walter Daly, • he left the tavern, said Senior- ' Sergeant Mulcare. H When Mrs Carter and Mr Daly • emerged from the tavern, Kuki • crossed the road and hit Mr Daly, punched Mrs Carter in the eye, and continued assaulti ing her. Her face was swollen -as a result of the assault, and . Mr Daly was badly shaken, said i: Senior-Sergeant Mulcare. [{ The Magistrate said that this »; was a brutal assault on a woman, and remanded Kuki in custody • at first, but at the request of /Mrs Carter, allowed bail. x ASSAULTED CONSTABLE f Lawrence Gordon Poulton, f aged 19, an apprentice, was convicted and fined $5O on a charge s of assaulting Brendon Norman i’ Thompson, a constable, in the of his duty. II Poulton pleaded not guilty, but I; after hearing the constable’s »: evidence, changed his plea. i Constable Thompson said that • about 10.45 pan. on November > 5 he went to a disturbance at • New Brighton, where 50 persons i appeared to be harrassing a • police sergeant. Out of the corner of his eye he saw someone moving in rapI idly from the left, and he turned . to see Poulton strike him with I his right arm across the back of ; his neck, said Constable Thomp- > son. The blow numbed his body for a few seconds, he said. He - then arrested Poulton. t "Anybody who interferes with ’ the police in the execution of [ their duty must only do so at t his own peril.” said the Magis- • trate. i “The police are organised to 5 maintain law and order and are ■ quite frequently outnumbered i and are unarmed. In a more • mature person this type of conduct warrants some form of deprivation of liberty,” he said. J PRESENTED RIFLE Cyril James Martin, aged 55, a storeman (Mr R. L. Kerr), pleaded guilty to a charge of presenting a .222 calibre rifle at Edward Black and Henry Ferguson Black on October 10 at Waitangil taona River in South Westland. He was convicted and fined $25. Senior-Sergeant Mulcare said that the complainant Edward Black, had occasion to pass in the vicinity of Martin’s tent and had found a shovel which he thought belonged to his brother. . Meanwhile the defendant returned and warned the Blacks to keep away and went into his tent. He reappeared with the i rifle which he presented, and a scuffle ensued. ; Mr Kerr said that the incident marked the culmination of : years of bickering between the two families who went to the area for the whitebaiting season. The rifle was presented in self defence and was not loaded, he said. ASSAULT CHARGE >1 Phillip Andrew Southby, aged

24, a freezing worker, pleaded guilty to charges of assaulting Helen Patricia Southby and Desi mond William Ashby on Septem- ; ber 9. He was convicted and remanded on bail to November 26 for a probation officer’s report. Senior-Sergeant Mulcare said that at 10 p.m. on Wednesday, November 18, Southby arrived home from a hotel and after an argument with his wife, he hit and kicked her. Mr Ashby, a neighbour, was also assaulted when he tried to intervene, but managed to take Mrs Southby to his house. The defendant followed them, broke in, and continued the assault on his wife until the police were called, said t Senior-Sergeant Mulcare. FINED $BO Leslie Thomas Peter Jeff ares, aged 33, a machine operator (Mr J. M. Wilson), pleaded guilty to a charge of stealing copper wire worth $2O when a servant of Associated British Cables. He was convicted and fined $BO. FRAUD CHARGE David Tomlins, aged 30, unemployed, pleaded guilty to a charge of obtaining credit by false pretences. He was convicted and remanded on bail to November 26 for a probation report and sentence. Sergeant V. F. Townshend said that on November 7 Tomlins borrowed $5O from a finance lending business. using his brother-in-law’s signature. When questioned by .the police Tomlins said that he had used his brother-in-law’s signature to “get even” with him because he had assaulted his sister, said Sergeant Townshend. BROKE BOTTLE Dallas Paul Roberts, aged 18, a soldier (Mr E. T. Higgins), pleaded guilty to a charge of wilfully breaking a bottle on May 2 in Auckland. He was convicted and fined $25. ASSAULT CHARGES Russell William Liddell, aged 21, a carpenter, pleaded guilty to two charges of assault at Leeston on October 14. He was convicted and fined $3O on each charge. J Senior-Sergeant Mulcare said that the assaults arose from an argument at 11.15 p.m. on October 14. Liddell thought he saw Gavin Bruce Spicer staring at him, so, after passing a remark, he walked over to him and struck him on the jaw with his closed fist, said Senior-Sergeant Mulcare. When Michael Paul Matthews became involved in the argument, Liddell threw a table knife at him, touching Matthews wrist, then grabbed him by the shoulder and pushed him, said Senior-Sergeant Mulcare. RECEIVED RADIO Wayne Anthony Edmonds, aged 21, a painter (Mr M. J. Glue), pleaded guilty to a charge of receiving a transistor radio worth $3O on November 7. He was convicted and remanded on, bail to November 26 for a pro-: bation report and. sentence.

FINED $4O Ralph James Murray, aged 22, a metal polisher, pleaded guilty to a charge of wilfully damaging two headlamps on his brother’s car. He was convicted and fined $4O. Senior-Sergeant Mulcare said that Murray had an argument with his brother, Paul John Murray, at 5.25 p.m. on September 25. Shortly afterwards, he said he was going to visit his aunt, but kicked the headlights of his brother’s car, said SeniorSergeant Mulcare. STOLE HAIR COLOUR Margaret Lesley Taurerewa, aged 27 a housewife, pleaded guilty to a charge of stealing one packet of hair colour from a New Brighton store on October 15. She was convicted and fined $2O. TRAFFIC CHARGES Failed to give way: Derrick John Gardner, $l5. disqualified for three months. Drove carelessly: Alfred Nelson Hawtin, $2O; Dennis Peter Power, $2O. disqualified for three months. (Before Mr W. F. Brown, S.M.) FINED $lOO Dennis Ronald Cavanagh, aged 23, a painter (Mr Powell), was fined $lOO and disqualified for one year and three months when he pleaded guilty to a charge of failing to supply a blood specimen. The charges arose from an incident in Pages Road on July 23 when Traffic Officer R. L. Drake was sitting in a stationary patrol car. The defendant was seen weaving from side to side on the road at 6.15 p.m., veering over the centre line a distance of two or three feet, said the traffic officer. After the defendant’s vehicle had passed, a taxi driver pulled up beside the traffic officer’s car and as a result Of what was said the defendant’s car was followed. When stopped, the defendant got out, walked to the rear of the car and leaned on the rear left hand door. Asked for an explanation for his swerving, the defendant said, "It was bound to happen sooner or later,” said Traffic Officer Drake. Two breath tests proved positive and the defendant refused to give a blood sample at the police station. DISMISSED A man who took both hands off the handlebars of his scooter to adjust his scarf in Park Terrace while travelling at 20 to 25 miles an hoqr had a charge of careless use dismissed. Terence Michael O’Brien, aged 20, a student (Mr D. H. Palmer), pleaded not guilty to a charge of careless use. Traffic Officer D. McGowan said that the defendant rode for 50 yards without his hands on the handlebars on July 2, crossing the uncontrolled intersection of Armagh Street.

Counsel said that his client did not swerve and the scarf was in danger of tangling in the “works’* of the scooter. DISCHARGED A 47-year-old woman, whose name was suppressed (Mr L. M. O’Reilly), who, it was alleged, stole two tins of apricots and a bag of sugar valued at a total of 70c, was discharged under section 42 of the Criminal Justice Act. She pleaded guilty to the charge. t Sergeant V. H. F. Townshend said that the defendant put the goods into hir bag at the Garden City Supermarket on October 2 and removed all the other items except those mentioned, and did not pay for the apricots and sugar. The defendant denied taking the goods and said she had purchased them earlier that day. Counsel said that his client was of high purposes and good character. She honestly believed she had purchased the goods. On discharging the woman, the Magistrate said the defendant had hitherto been of excellent character and was facing a number of serious difficulties. TRAFFIC CHARGES Crossed against traffic lights: May Elizabeth Smith, $l5; Christopher Charles Morris, $l5, and disqualified for three months. (Before Messrs S. E. Boanas and A. H. Marker, Justices of the Peace.) COMMITTED FOR TRIAL lan Harold Pattinson, aged 37, a plumber, was committed to the Supreme Court for trial on two charges, one of receiving a car worth $3OO. and one of theft of a car worth $3OO, between November 28 last and April 14, after the taking of depositions on Wednesday.