MAGISTRATE’S COURT Breath test challenged; alcohol charge fails

Press, Volume CXI, Issue 32564, 25 March 1971, Page 13

MAGISTRATE’S COURT Breath test challenged; alcohol charge fails

Because of a doubt about the breath test, a charge of driving with an excessive alcohol concentration against Alan Charles Jolley, aged 26, a civil engineer (Mr S. G. Erber), was dismissed by Mr W. F. Brown, S.M., in the Magistrate’s Court yesterday. Jolley pleaded not guilty. Constable L. P. Odell said 'in evidence that he gave a breath test to the defendant, the driver of a car involved in an accident at the intersection of Shirley Road and Hills Road. The test was positive and a blood test showed that the defendant had 163 milligrams of alcohol to 100 millilitres of blood.

The crystals in the tube of the apparatus changed from yellow to green when there was alcohol in the breath, the witness said. For a positive test to be recorded the crystals had to be green to beyond a yellow circle on the tube. To Mr Erber the witness said he could not be positive that all the crystals in *he tube in this case were green to beyond the yellow circle. There might have been some crystals still yellow below the circle, but he did not think so.

Mr Erber said that, as he understood the regulations, all the yellow crystals had to be green to beyond the yellow circle. “This is an interesting point I don't recall being raised before,” the Magistrate said. “I think it is valid.” On a charge of failing to give way, Jolley pleaded guilty and was fined $5O. THREE CHARGES

Appearing on one charge of false pretences and two charges •f theft, Michael Rapana, aged 23, a labourer, was remanded in custody to March 31. Sergeant R. S. Morgan said that on March 23 the manager of the Grenadier Restaurant recognised the defendant in the street as the man who had given him a valueless cheque three weeks earlier and took him to the police station. There Rapana admitted having obtained $lO cm a cheque which later “bounced.” He said he gave the money away. In a search of Rapana’s flat the same day day, the police found $416 worth of property, including a chequebook, which had been stolen from a hotel room. FALSE PRETENCES •It is in the hope that you will make a change for the better that I will give you this one chance,” the Magistrate said to Stuart Gerald McKenzie, aged 24, unemployed, when he apneared for sentence on five charges of false pretences. Money and goods to the value of $72 were Involved. McKenzie was admitted to probation for one year and ordered to make restitution as directed by the probation officer. PERIODIC DETENTION Rex Douglas Turner, aged 23, a. barman-porter (Mr E. T. Turbott), was sentenced to periodic Retention for one year and placed on probation for two years when he appeared on charges of burgling a house in Christchurch and burgling a house in Auckland. He was ordered to pay restitution of $3OO in respect of the Christchurch burglary and restitution not exceeding $268 in respect of the Auckland burglary. • was fined $6O and disqualified from driving for nine months on a charge of driving with an excessive alcohol concentration. He was fined a total of $35 and disqualified for concurrent periods of up to nine months on charges of careless driving and failing to stop after an accident

RECEIVER FINED $lOO Albert Mark Hqpkinson. aged SI, a freezing worker (Mr M. S. Smith), was fined $lOO and placed on probation for one year when

he was sentenced on a charge of receiving scrap metal worth $19.38 about February 13, knowing it had. been dishonestly obtained. *Tf you offend again it will almost inevitably mean imprisonment,” the Magistrate said.

12 CHARGES Karlyn Elizabeth Rosel, aged 19, a housewife (Mr A. K. Grant), was remanded on bail until March 31 for sentence when she pleaded guilty to four charges of forgery, three charges of theft and three charges of credit by fraud. Rosel pleaded not guilty to two other charges of theft. Sergeant Morgan said that the offences were committed in Lower Hutt, Wellington and Christchurch between October 16. 1970, and February 11, 1971, and involved cheques and goods totalling $290. The defendant was arrested by the police in the Armagh Street branch of the Bank of New Zealand on February 11 when she presented a forged cheque. Rosel admitted this offence and the others.

FINE OF $5O Paul John Bennetts, aged 19, an apprentice fitter and turner, was convicted and fined a total of $5O when he pleaded guilty to charges of stealing a Post Office hand-set worth $3.80 and wilfully damaging the hand-set on February 6. Sergeant Morgan said that Bennetts used a public telephone in Cuffs Road about 10.30 p.m. He then pulled the hand-set off and threw it from a car window as he was driving away. Bennetts told the police that he had just finished with his girlfriend. He ripped the hand-set out when she refused to talk to him. TOOK CAR Rewai Charles Fisher, aged 24, a truck driver (Mr P. G. Benseman). was fined $5O and disqualified from driving for six months when he was sentenced on a charge of unlawfully taking a car worth $l4OO at Invercargill on October 25. He had previously pleaded guilty and been convicted. OFFENCE WITH GIRL Stephen Michael Postlethwaite, aged 19, an assembler (Mr M. J. Glue), pleaded guilty to a charge of having sexual intercourse with a girl aged 15 on or about December 4. He was convicted and remanded on bail to March 31 for sentence. MEN REMANDED Stewart James Wilson, aged 23, a labourer (Mr M. A. Buras), who was appearing for sentence on one charge of unlawfully attempting to take a car and one charge of assault, was again remanded, until March 31, for a medical examination to determine his suitability for training at the work centre. The Magistrate said that Wilson had a large number of convictions for one so young and quite a number for taking cars. He had served a term of Borstal and imprisonment for tak-

ing cars. Mr Buras said that Wilson could not remember getting into the car, but he remembered being held in an arm-lock by the complainant and being unable to breathe, so he bit the complainant’s arm. Ben Waikato, aged 35, a stoker (Mr M. A. Buras), was again remanded, until March 31, and ordered to undergo a medical examination to determine his suitability for work-centre training. Waikato was appearing for sentence on a charge of unlawfully getting into a van. The Magistrate said that Waikato was a committed patient under the Alcoholism and Drug Addiction Act and was on trial leave at the time of the offence. Waikato had a long list of convictions, and had been in prison on a number of occasions, but work-centre had never been tried.

Brian Joseph Kennedy, aged 38, unemployed (Mr L. G. Holder), was again remanded, until March 31, in custody, for a psychiatric examination, when he appeared for sentence on a charge of burglary. Mr Holder said that many of Kennedy’s offences were committed after an excess of drink, and he was blatantly anti-social. CARELESS USE

Steven Eric Johnson, aged 16, a schoolboy, was fined $lO, disqualified for three months, and ordered to attend three traffic lectures when he pleaded not guilty to a charge of careless driving in Oxford Terrace. He

' was also ordered to pay witi nesses’ expenses of $6.50. ; (Before Mr E. S. J. Crutchley, ' S.M.) In Ministry of Transport prose- • cutions, convictions were entered and fines imposed as follows: Exceeded 30 miles an hour: Alan Edward Teague, $2; Jeffrey . Alan Cottis, $lO (exceeded 55 miles an hour, $l5; exceeded 45 i miles an hour with a passenger, ■ $lO, disqualified for two months); ; Richard Symonds, $5; Stephen - Robert Tate, $2O; Jennifer Anne Wilder, $l5; Bruce Roderick Frankham, $35; Gavin David t Keats, $10; Allan Michael Davies, i $l2; Clifford Brian Ellis, $10; t Robin Hanan, $l5; Evan James > Jeffreys, $10; Neville Colin Salisf bury, $2O; Michael Alfred Suter, ‘ $5; William Clifford Brown, $10; • Ainsley Jean Croft, $l2; Glenise i Daphne Dodge, $10; Neville Hiigh Chaney, $2O; Frederick James ‘ Grattan, $10; Maurice Edward 1 Hay, $10; Anthony Simon Lemmen, $10; Peter John Ridder, $l2; Kevin Edward Scoon, $3O; Brent Lester Sibley, $35; Richard Small, , $10; Dirk Steeman, $10; Rae Wil- . Ham Treloar, $2O; Philip Alan Clifford, $25. , Excessive alcohol: Peter Joseph Daly, $2OO, disqualified for two yean; Lance James Hancock, $2OO, disqualified for 18 months; Roger Frank Mahon, $7O, dis- ; qualified for one year; Falo Solia, $7O, disqualified for six months. Failed to stop at stop sign: Jean Halgrow Anderson, $5; Douglas Henry Barker, $10: Michael David McMillan, $6; Paul Brendan O’Conner, $10; Paul Stenberg, $6 Freda Marge Brfcmley, $7; John Paul Conrad, $lO. Drove while disqualified: Ngaire Geraldine Andrews, $5O, disqualified for one year. Failed to give wav: Michael York, $25; Richard Hunter Gibson, $25; Lloyd Williams, $3O; , Elliott John Hudson, $5. , Careless use: Bruce James Turner, $2O; Glen Samuel Richards, $2O, Failed to comply with traffic lights: Keith Harvey May, $l5; Peter Havekotte, $25, disqualified for two months; Wauan Lal Narsey, $lO. (Before Messrs T. Smith and G. A. Brown, Justices of the Peace.) COMMITTED FOR TRIAL Rosa William McQuinn, aged 25, a metal worker (Mr E. T. Higgins), was committed to the Supreme Court for trial on four charges of burglary and three charges of unlawfully taking was charged with burglary of Sedley Wells, Ltd, on January 29 and February 12, of Tricity House, Ltd, on January 27, of H.MN.Z.S. Pegasus on February 13, and with unlawfully taking three cars worth a total of $3200, from Manchester Car Sales, Ltd, on January 27 and from Mecca Motors, Ltd, on January 29 and February 12.

Correction A defendant who appeared in the Magistrate’s Court on Tuesday for the taking of depositions on a charge involving cannabis was charged with possessing cannabis for the purpose of supplying it to other persons. The offence carries a maximum penalty of 14 years imprisonment. It was incorrectly reported yesterday that the defendant, Robert Kenyon Goode, aged 22, a photographer, was charged with merely possessing the drug. This offence carries a maximum penalty of three months imprisonment.