MAGISTRATE’S COURT Father and son admit 13 shop burglaries

Press, Volume CXI, Issue 32566, 27 March 1971, Page 21

MAGISTRATE’S COURT Father and son admit 13 shop burglaries

A man and his son were remanded in custody until April 2 for sentence when they pleaded guilty in the Magistrate’s Court yesterday to 13 charges of burglary. They were Walter George Shaw, aged 50, a driver, and Graeme Walter Shaw, aged 18. a labourer. The father also pleaded guilty to a charge of being in possession of house-breaking implements.

Remanding the defendants, Mr W. F. Brown, S.M., ordered the son to have a medical examination to determine his suitability for detention-centre training. Sergeant R. S. Morgan said that the offences were committed between January 24, 1969, and March 18, 1971, and involved cigarettes, groceries and meat valued at $1190.12. Only $66.45 worth of property had been recovered.

The burglaries were committed in shops in Cashel Street, Warrington Street, Main South Road, Main North Road, Bealey Avenue, Breezes Road, Sawyers Arms Road, Leacroft Street, Farrington Avenue, and Marshland Road, said Sergeant Morgan. The father was seen by a police patrol at 11 p.m. on March 18 outside a shop in Breezes Road. He was wearing gloves and carrying a screwdriver and torch. When questioned, Shaw said that he carried the tools round with him and was going behind the shop to relieve himself. The son, who was in a car outside the shop, said that he had gone with his father to steal cigarettes. The premises of both defendants were searched and 630 cigarettes were found in the father’s possession and 480 in the son’s. The father told the police that he and his son had smoked most of the cigarettes and sold some. BURGLAR GAOLED “It seems incredible that you committed this burglary within three days of being released on probation for another burglary,” said the Magistrate before sentencing Harold Maurice James Smither, aged 53, a workman

(Mr L J. D. Hall), to imprisonment for nine months when Smither appeared for sentence on a charge of burglary of a house.

Mr Hall said that Smither was driving to a New Brighton hotel with a friend when the friend asked him to stop the car. The friend went into a house and came out with a television set wrapped in a blanket Smither had no part in selling it and received $3O. He was an alcoholic. “You never quite got around to doing something about being an alcoholic,” the Magistrate said to Smither. “You must pay the penalty, alcoholic or nonalcoholic. The inference is that you wanted the money to spend on alcohol. You are your own worst enemy.” CANNABIS CHARGE

On a charge of having cannabis in his possession at Lyttelton on March 24, Christopher Wayne Schmusser-West, aged 19, a steward, was convicted and remanded on bail to April 2 for sentence. He pleaded guilty. Sergeant Morgan said that the m.v. Cretic, which arrived at Lyttelton from the West Indies on March 24, was kept under observation by customs officers because they suspected that cannabis was being carried on board.

At 6.55 p.m. on March 24 the defendant left the m.v. Maori, on which he was employed as a steward, and boarded the Cretic. He was stopped by customs officers as he left the Cretic and was found to have cannabis in his possession. A cigarette packet carried by SchmusserWest contained 11 ordinary cigarettes and four reefers containing tobacco and cannabis leaf and seeds. Schmusser-West told the police that a steward on the Cretic gave him the reefers. He refused to identify the steward and said that to do so would be more than his life was worth. FALSE PRETENCES

A man who arrived in Christchurch from Australia on Thursday was arrested by detectives and charged with an offence committed on the West Coast in April, 1969, Sergeant Morgan said after Mark Timothy Ballinger, aged 38, a salesman, had pleaded guilty to a charge of obtaining $450 from Leslie Bruce Deakin bv a false pretence at Harihari on April 4. Ballinger was convicted and remanded on bail to April 2 for sentence. Sergeant Morgan said that Ballinger bought a Gnat tractor and trailer for $BOO on November 25, 1968. He paid a deposit of $320 and made two subsequent payments of 532. While working on the West Coast in 1969 he offered the tractor and trailer to the complainant, who paid him $450. A few days later Ballinger left for Australia without telling the complainant they were subject to a hire-purchase agreement The tractor and trailer were later repossessed and the complainant now sought restitution of $450. DENTENION, PROBATION Appearing for sentence on three charges of forging cheques, Brian William Giles, aged 40, a foreman pipe-fitter (Mr M. J. Glue), was ordered to attend the periodic detention centre for nine months, placed on probation for 21 months, ordered to pay $6O restitution and to take out a prohibition order. Mr Glue said that the offences occurred when Giles wa * ??" pressed by the breakdown of his marriage and he took recourse to alcohol, which affected him tor S °The U Magistrate said that the offences were J?. lata ? t l y _Hn^ On had but as periodic detention naa Sot‘ been tried before Giles would be riven a chance to rehabilitate himself without going to prison again burglary Thomas Argyle Mills, aged 20, a labourer (Mr G. R- i“'« Ue a s 2: was sentenced to Period lo detention for six n ,ontha placed on probation tOT" months when he appeared on a charge of burglary. He had previously nleaded guilty and Deen convicted. .. Mills was ordered tc tut ion not exceeding 5200 unde th- direction of the probation Officer . . Mr Lascelles said that the burg* lai-v of a house in M'nioks Sour was a bad offence, out M’Us was not involved in ’J® preparation or planning. Muis joined nothing from the burg- ’ r he Magistrate said that *he offence was serious and M*” s bad made no objection to P ar * ticipating in it. THRFE CHARGES A man who was arrested for failing to appear on an assault charge in Auckland pleaded jsfuiltv to a charge of assault and 'to unlawfully taking two cars He was Thomas John Davis, aged

25, an unemployed shearer, who was remanded in custody until April 2 for sentence. Sergeant Morgan said that the assault was committed in Auckland on August 7 last The defendant was annoyed with a passenger in a car and hit him in the face. He then tried to drag him out, but the car was driven off. Davis said he wanted to knock some sense into the complainant. The two cars were unlawfully taken on January 17 and February 17, said Sergeant Morgan, and were valued at a total of WILFUL DAMAGE

Neil Anthony Simmons, aged 18, a cable worker (Mr M. J. L Glue), was fined $5O and ordered > to pay restitution of $65 when • he pleaded guilty to two charges of wilful damage to street lights on November 6 and November i 20. Sergeant Morgan said that . Simmons admitted throwing stones at three street lights along the sea wall at Sumner. ASSAULT Wayne Clifford Pool, aged 22, a driver, pleaded guilty to a charge of assaulting his wife on March 25, and was remanded until April 2 for sentence. When the defendant arrived home at 10.30 p.m. after drinking and found his wife in bed he slapped her face, punched her and chased her down the street, said Sergeant Morgan. Mrs Pool fell on the road and cut her lip. DISQUALIFIED DRIVER Charged with driving in High Street while disqualified on February 20, Wayne Anthony Edwards, aged 22, a workman, was convicted and remanded on ball to April 2 for sentence. He pleaded guilty. The Court was told that Edwards was stopped at 1.30 a.m. on February 20. He gave a name and address and then ran off, but was found in Hereford Street. He then admitted he had given the wrong name and address and that he had ( been disqualified in the Dunedin < Magistrate's Court after convic- j tion on a similar charge.

ASSAULT ON BARMAN Kevin William Julius, aged 25, an unemployed plasterer (Mr P. J. Cordner). was placed on probation for three years when he appeared for sentence on a charge of assaulting Glen Ross, a barman, in the Bower Hotel on March 18. Julius was ordered to take out a prohibition order for the period of probation and undergo medical or psychiatric treatment as directed by the probation officer. Mr Cordner said that there was no evidence of violence in Julius’s record, and there was little likelihood of his offending again. REMANDED Stewart Cameron Turvey, aged 27, a labourer (Mr R. F. Powell), was again remanded, to March 31. when he appeared for sentence on charges of receiving a surfboard worth $95. knowing it had been dishonestly obtained, and being found without lawful excuse in a house. Turvey had previously pleaded guiltv to both charges and been convicted. James Lewis Olds, aged 50, a fitter and turner, was again remanded, until March 29, for sentence on a charge of theft. CARELESS DRIVING For careless driving George Alexander Graham was fined $3O and disqualified for six weeks: Paul Raymond Weir was fined $lO and disqualified for one month; and Leslie John Stevens was disqualified for nine months. (Before Mr K. H. J. Headifen. S.M.) CHARGE DISMISSED A charge against Gary Wayne Skerten, aged 18, a clerk, of being unlawfully on premises was dismissed. He pleaded not

The defendant was arrested in the back yard of McKendry’s Hotel in Manchester Street about 11.15 p.m. on March 7, said Sergeant O. A. Hume. In evidence the licensee of the hotel (Mr F. W. Mercer) said that ne was making his rounds when he heard a banging in the yard. He found the defendant in one of the cars in the yard, revving its motor. The defendant said he had come to get the car, which he had parked there earlier in the evening. The Magistrate ruled that Skerton had lawful excuse to be in the yard.

EXCESSIVE ALCOHOL Robert Neill, aged 47, an airman (Mr R. L. Kerr) was convicted and fined $5O and disqualified for six months on a charge of driving with an excessive level of alcohol in his blood. He pleaded not guilty.

Evidence was given that a blood sample taken from the defendant showed 195 milligrams of alcohol per 100 millilitres of blood.

EXCESSIVE SPEED Kingsley Wayne Rees-Thomas, aged 27, a machine operator, was fined $3O on a charge of ex? ceeding 30 miles an hour. He pleaded guilty. (Before Mr E. S. J. Crutchley, S.M.) REMAND A man. whose name was suppressed was again remanded on ball to Monday after medical evidence had been heard during the hearing of an application for a provisional warrant for his arrest in connection with- the alleged theft of a car in Western Australia in 1969.

The first hearing, two weeks ago, was a special sitting of the Court held in the defendant’s home because of his 111 health. Yesterday the hearing was in the defendant’s absence. He was represented by Mr D. H. P. Dawson.

Dr P. M. Tripp said that the defendant was suffering from hysteria involving hysterical paralysis. It could not .be labelled malingering. To travel to Australia the defendant would have to be put on a stretcher. So long as the proceedings against the defendant lasted, he was unlikely to recover. Dr P. B. Mating said he had examined the defendant twice, the last time being on Thursday. The defendant was suffering from signs typical of hysteria and was not fit to attend court, but with an adequate escort he could be flown to Australia. The defendant’s condition had deteriorated and he now had paralysis of the left leg and arm, caused by hysteria. The Magistrate adjourned the hearing to enable the Western Australian police to be advised of the defendant’s state of health. FOUR CHARGES Manuel Lira, aged 33, a hairdresser (Mr P. F. Tempero), was convicted and fined $75, disqualified from driving for three months and ordered to pay witnesses’ expenses of $6.50 when he appeared on four charges arising from an accident in Buckleys Road on November 18. Lira pleaded not guilty to charges of careless use, failing to stop after an accident, failing to ascertain whether anyone was injured and falling to report an accident. The Magistrate said that there was a conflict of evidence. Lira denied striking a parked car and saying what a constable claimed he had said. The Court found Lira’s evidence unsatisfactory and had no hesitation in accepting the constable’s evidence.

"In this Court’s view the defendant made a clear admission to the constable that he did strike the other car. The fact that he was in the street at the relevant time, together with his admission leaves no room to doubt that he did strike the car,” said the Magistrate.