MAGISTRATE’S COURT ‘Staggering’ list of offences brings four years gaol

Press, Volume CXI, Issue 32540, 25 February 1971, Page 16

MAGISTRATE’S COURT ‘Staggering’ list of offences brings four years gaol

“You are before the Court on a staggering list of offences, including one of assaulting a 66-year-old woman alone in a shop with intent to rob her. It is the duty of the Court to impose a deterrent sentence to protect citizens from your criminal activities,” said Mr K. H. J. Headifen, S.M., in the Magistrate’s Court yesterday when he sent Epenhia Ben Rarere, aged 23, a circus hand, to prison for four years. Rarere was appearing for sentence on 13 charges of burglary, one of assault with

intent to rob, three of unlawfully taking cars, two of unlawfully getting into cars and one of false pretences involving a valueless cheque for $72.80. Mr E. T. Higgins, for the defendant, saia that Rarere, who had a bad record, went on rampages of burglary. He had been in and out of institutions for a number of years. The Magistrate said that property valued at $11,733 had been involved in Rarere’s offences. He had been given every form of assistance but he had rejected every effort the Court had made to assist him.

“This practically amounts to a declaration of war on your fellow citizens,” the Magistrate said. “You personally assaulted a 66-year-old woman alone in a shop with intent to steal money from her. Fortunately a customer entered, otherwise it is not known what injuries she would have received.” THREE YEARS GAOL

Graham Keri Tumai, aged 21, unemployed, was sent to prison for three years when he appeared for sentence on a charge of assault with intent to rob and seven charges of burglary. Mr A. Hearn, for the defen* dant, said that since the age of 15 Tumai had spent most of his time in institutions. His cooffenders were charged with many more offences. Tumai was of limited intelligence and he had said that he had no idea that violence was going to be used on the woman shopkeeper. The Magistrate said that Tumai had appeared in courts between Otahuhu and Invercargill and was appearing on offences for which ne could receive up to 10 years imprisonment. He knew a 66-year-old woman was alone in a shop and that she had money. Although he did not commit the actual assault on her, Tumai had walked round the counter to see what was in the till while Rarere assaulted her. The Court would be failing in its duty if it did not impose a deterrent sentence, the Magistrate said. STOLE CASH-BOX Len Rex Edyvean, aged 17, a photographic technician, pleaded guilty to a charge of stealing a cash-box and cash amounting to $4O from Jumbo Prints, Ltd, on February 12. He was convicted and remanded on bail to March 3 for sentence. Sergeant R. B. Kench said that the theft was reported to the police on February 16. Edyvean was interviewed and said he took the money and box while the rest of the staff were attending a farewell party. He had had a bad day and wanted to get his own back. WILFUL DAMAGE On a charge of wilfully damaging a door and a window In the Foresters’ Hall on October 9, Gary Trevor Sinclair, aged 18, a labourer, was convicted and fined $75 and ordered to pay restitution of $3O. He pleaded guilty. Sergeant Kench said that Sinclair was one of a number of youths who went to a dance in the hall on October 9. About 11.30 p.m. he kicked and damaged a door, and threw a bottle through a window.

PROBATION Colin James Russell, aged 30, a carpenter, was admitted to probation for two years and was ordered to take medical treatment when he appeared for sentence on a charge of doing an indecent act.

Mr E. T. Higgins, for the defendant, said that Russell was not aware that his actions could be observed. It was a social rather than a criminal offence. Russell was certain It would not happen again. He had no previous offences.

The Magistrate said that any repetition of the offence would inevitably result in a long term of imprisonment.

DISQUALIFIED DRIVER John Ralph Godinet, aged 31, a weaver (Mr D. M. Palmer), pleaded guilty to a charge of driving while disqualified on September 26. He was convicted and remanded on bail to March 3 for sentence.

STOLE WALLET Jacob Hakopu Kemp, aged 23. a timber worker, was convicted and remanded in custody to March 3 for sentence on a charge of stealing a wallet and contents worth $5.50 on January 14. He pleaded not guilty and was represented by Mr S. H. Stamers-Smith. FINED $3O James Garick Thurlow, aged 35, unemployed (Mr M. J. Glue), pleaded guilty to a charge of a breach of probation at Napier on December 8. He was convicted and fined $3O. REMANDED A man, whose name was suppressed, was again remanded on bail, to March 5, for sentence on two charges of permitting a 10-year-old girl to do an indecent act on him. He was represented by Mr A. P. C. Tipping, who requested the remand to obtain a medical report. FOUND DRUNK On a charge of being found drunk in Oxford Terrace on February 24, having twice been convicted of drunkenness within the last six months, Richard John Rutherford, aged 44, unemployed, was convicted and fined $2O. He pleaded guilty. MISCELLANEOUS OFFENCES In miscellaneous police prosecutions convictions were entered and fines imposed as follows, with costs of $5 in each case: Excessive alcohol concentration: Trevor Barclay Muir, $lOO, disqualified for one year (drove carelessly, convicted and discharged). Drove carelessly: Phyllis Violet Williamson, $l5. Failed to give way: Eric Louis Dougherty, $2O. Found in hotel after hours: Gerald Dickenson, $8; Frank Holloway, $8; Russell Richard Barr, $8; lan Alexander Musson, $8; Joan Audrey Musson, $B. Found in hotel while under age: Ponty Milton Amai, $8; Kevin Francis Slater. $2O.

Sold liquor after hours: William Albert Tait, $25.

(Before Mr H. J. Evans, S.M.) ASSAULT IN HOTEL A man who assaulted a popgroup singer at a hotel because he said the singer had pushed an 80-year-old man, was convicted and remanded until March 10 for sentence. Thomas William Gray, aged 29, a self-employed showman (Mr W. Smith), pleaded not guilty. John Chiles Mcßca said that he was singing with a group called the Fifth Edition at the Sandridge Hotel about 8.20 p.m. on October 23 when an elderly man grabbed his necktie and said the music was too loud. He took the man’s hand off him and went to see the manager. When he went to the bar, the defendant came up and started arguing. The defendant asked the witness if he would hit him if he grabbed his tie, and the defendant then punched him in the face. As the witness fell an empty glass fell out of his hand and nit the defendant in the face.

The defendant got wild, the witness said, and started kicking him. He got away to the lounge and the defendant kicked him all over the place. He was taken to hospital with bruised ribs and cuts and bruises to the head. The defendant said he pushed the complainant “and the next thing I got was a glass in my face. I sort of lost my temper and started belting him.”

DETENTION CENTRE Brian Francis Jago, aged 20. an unemployed sawmill hand (Mr D. M. Palmer), was Sentenced to detention centre training when he appeared for sentence on a charge of assault. RESERVED DECISION

In a reserved decision the Magistrate convicted Maurice Charles Moore, aged 30, a driver (Mr J. Callaghan), on a charge of assault on January 29 and remanded him until March 4 for sentence. A charge of resisting arrest was dismissed. Moore had pleaded not guilty. The Magistrate said the evidence showed that a beer hose was used on the defendant by the complainant, but the defendant was motivated more by annnoyance at the loss of his beer than the flick of the beer hose. There was much conflict of evidence in the case. Dismissing the resisting charge, the Magistrate said the defendant became violent only when at the police car and there was some doubt whether the defendant had been taken outside only to be interviewed more conveniently. (Before Mr P. L. Mollneaux, S.M.) DISQUALIFIED DRIVER Kenneth Shane Stevens, aged 30, a prison inmate, was sentenced to four months imprisonment and disqualified from driving for a year when he appeared for sentence on a charge of driving while disqualified In Grahams Road on September 16. This was the defendant’s fourth conviction for disqualified driving, said the Magistrate. The prison term will begin when the defendant’s current term ends. TWO-YEAR BAN “If it were not for the circumstances you would be facing a term of imprisonment,” said the Magistrate when he fined James Thomas Kehoe, aged 44, a brewery worker, $250 and disqualified him from driving for two years. The defendant appeared on a charge of driving with a level of 336 milligrams of alcohol to 100 millilitres of blood. He was represented by Mr M. J. Glue, who said that the defendant was under considerable stress. His wife was ill at the time and died only 10 days ago. OTHER TRAFFIC CASES In other traffic prosecutions brought by the Ministry of Transport, convictions were entered and fines imposed as follows. with court costs of $5 on each charge:—

Excessive alcohol: Alex Currie Decess. $lBO. disqualified for 18 months; Lester Wilfred Landery, $lOO, disqualified for six months; Paul Aubrey. $75, disqualified for six months; Maureen Isobel Joe), $6O, disqualified for six months. Exceeded 30 miles an hour: Dorothy Lorna Agnew, $2O; Brian Geoffrey Horton, $8; Steven Eric Johnson, $8; Gavin Ross Forbes, $10; John William McGimpsey, $8; Carol Shirley Aitken, $l2; Paul Arlov. $25; Alan Michael Brycefi $10; Anthony Stuart Chaston, $25; David John Debenham, $35; Stephen Laurence Dick, $25; Annette Jean Fraser, $2O; Paul Leonard Larkin. $35; William Francis Le Lievre, $10; Edward James Lloyd, $25; Noel Martin Long, $25; Gordon Douglas Reay, $2O; Thomas James Robert ■ Senior, $25; Trevor Leonard Sneenan, $l2; Paul Richard Thornicroft, $10; Barry Patrick Kane, $3O. Exceeded 60 miles an hour: Richard Challiner Campbell, $25. Exceeded 40 miles an hour: Victor David Wheat*, $l2; Bruce Fegus Andres, $lO.

Exceeded 45 miles «n hour: Bruce Henry McKay, *lO. Drove dangeroualy: Michael Bruce Irving, $lOO, disqualified tor nine months. Drove carelessly: Lory Garth Williams $2O; Gregory Arthur Ross, $l6. Failed to stop at stop sign: Edith Bridget Julia McDonough, $8; David Graham Brophy, $l5; Peter Chen Ching-Shing, $l5; Nina Catherine Harbott, $l5; Florence Mary Harding, $l2; Martyn Hugh Jones, $l5; Shirley Anne Light, $l5; Desmond Ruff, $25; Andrew Telfer, $25. Crossed against traffic lights: Julie Elaine Manning, $l5. Failed to keep left: Paul Neville Baylis, $l2. Noisy vehicle: Roger Ronald McLean, $10; Sao Seong Chean, $lO. Insufficient lights: Gary William Roberts, $1 Gavin Joseph McGrath, $2O.

Insufficient tread: Graeme Kenneth Giles, $4; Stephen Geoffrey Humm, $4; Leonard Allan Thornley, $4; Gavin John Stevena, *4. Trailer not safely aecured: Jocelyn Maberly Allison, $2; John Francis King *4; David Noel Roake, *6. No brake on bicycle: Raymond Francis O’Donnell, $4.

(Before Messrs J. L. Ives and F. Brooks, Justices of the Peace.)

COMMITTED FOR TRIAL Stanley Taylor Starkey, aged 31, an unemployed butcher (Mr A. K. Grant), and Kempster Guy Morris, aged 47, a railways labourer (Mr M. A. Burns), Were committed to the Supreme Court for trial on a joint charge of burgling Jack Weeks Tobacconists, Colombo Street, on January 27. They pleaded not guilty.

Kenneth Roy McShane Speedy said that about 9.30 p.m. on January 27 he was in the lounge of his flat opposite the tobacconist’s shop when he heard the breaking of glass. He saw a man walk past, then return and put his left arm through the broken window. He also saw the man shake the door back and forth and try to open it. The man, whom he Identified as Morris, then joined another man whom he saw standing in an obscure position on the opposite side of the road. The police were called.

Detective P. N. Gardiner said that when he interviewed Morris he examined his forearms and found small cuts and scratches, some still bleeding.

Detective Gardiner said that Morris commented: “Things took pretty serious. I have never done anything like this in my life. I don’t know why 1 did it. Stan broke the window. I don’t know how it happened. We bad both had a fair bit to drink.”