MAGISTRATE’S COURT Men intended to steal liquor from hotel

Press, Volume CXI, Issue 32588, 23 April 1971, Page 6

MAGISTRATE’S COURT Men intended to steal liquor from hotel

Patrick Thomas Maunseil and John Whippy, both aged 22, and both unemployed, pleaded guilty before Mr E. S. J. Crutchley, S.M., in the Magistrate's Court yesterdav to being rogues and vagabonds on April 22 in that they were found by night and without lawful excuse, in a closed yard. Whippy also pleaded guilty to a charge of unlawfully taking a car, valued at $750, the property of Noel Park Motors, on April 20.

Maunseil was convicted and sentenced to six months periodic detention. The Magistrate said the offence was committed only one week after Maunseil had been sentenced to periodic detention on another charge. “The Court is leaning over backwards to help you and I only hope it will be justified,” the Magistrate said.

Whippy was convicted and remanded on bail to April 29 for a probation officer’s report and sentence. Sergeant O. A. Hume said that the police were called to the Waltham Hotel at 1.30 a.m. and the defendants were found in the hotel, yard. One of the large, double gates leading to the yard, was open and a car was parked outside with the boot-lid open. When interviewed, the defendants admitted climbing over the fence and opening the gate from the inside. Whippy told the police it had been their intention to steal liquor, Sergeant Hume said. Whippy had also admitted taking the car two nights previously.

ASSAULTED FEMALE A man aged 24, whose name was suppressed, (Mr G. R. Lascelles), was convicted and remanded On ball to April 29 for sentence on a charge of assault of a female on April 6. He pleaded guilty. Sergeant Hume said the com. plainant was walking to work down Victoria Street at 7.15 a.m. when she was approached by the complainant, whom she bad not seen before. The defendant attempted to strike up a conversation and then put his arm around the woman’s waist and forced her into a doorway. Mr Lascelles said the defendant was married. He had a “gross psychological disturbance” and was in need of treatment. FALSE PRETENCES

John Richard Goode, aged 21, unemployed (Mr G. R Lascelles), was remanded until April 29 for

sentence when he pleaded guilty to a charge of false pretences in Dunedin. He was ordered to undergo a medical examination for periodic detention. Sergeant Hume said that a cheque book was stolen from a house and the defendant cashed one of the cheques fo: $54.62 at the Prince of Wales Hotel,. Dunedin, on February 14. He told the police he won the cheque at a card game. FINED $l3O Hamilton Alan Johnstone, aged 51, retired (Mr J. M. Wilson), Was convicted and fined $l3O and disqualified from driving foi three years on a charge of re fusing to give a blood specimen after driving on December 14 He was ordered to pay witnesses expenses of $15.75.

On a charge of refusing to give his name and address he was convicted and ’ ordered to pay costs only. A charge of driving while under the influ ence of drink on the same date was dismissed.

Johnstone pleaded not guilty to all charges which were brought by the Ministry of Transport BREACH OF PROBATION A youth who pleaded guilty to a breach of probation told the Magistrate he was too lazy to report. The youth, John William Davies, aged 17, a foundry worker was fined $3O. “There are ways of curing this laziness —periodic detention or detention centre training. Young men of your age come out really smartened up,” the Magistrate told Davies. PERIODIC DETENTION Richard Royce Postlethwaite, aged 21, a factory hand, was sentenced to periodic detention for three months when he ap peared for sentence on a charge of breach of probation. NAME SUPPRESSED

A young woman, whose name was suppressed, was placed on probation for 18 months and ord ered to pay restitution of $56.9 when she pleaded guilty to a charge of obtaining groceries worth $lO and money amount j ing to $46.9 from Wholesale I Groceries, Ltd, by a false pre tence on February 12. She was represented by Mr G. R. Las celles. Sergeant Hume said the defen dant used a cheque from a stolen cheque book. DISCHARGED RIFLE Paul Lawrence Collect, aged 18, a factory worker (Mr W. H. McMenamin), was fined $lO when he pleaded guilty to a charge of discharging a .22 calibre rifle with disregard to others on January 1. Sergeant Hume said that two youths were firing at a target in the back yard of a property in New Brighton. The target was three feet above ground level and six shots were fired The defendant said he was set ting the sights and had not thought of any possible danger

Counsel said there was an area of sandhills behind the fence

which was not used by anyone. There was no intention to do any harm although there was a remote possibility of a ricochet.

“It seems the defendant did take fairly full precautions,” said the Magistrate.

OTHER CHARGES In other prosecutions brought by the police, convictions were entered and penalties imposed as follows, with Court costs, $5 on each charge: l Careless use of a motor- | vehicle: Mary Rose Campbell, $l5; John Nigel Shirtcllffe, $3O. disqualified from driving for two [ months; Paul Aaron Rowland. $10; Bro-Shane Benjamin Allen $2O.

Failed to give way to the right: Edwin Arthur Turner, $25.

Owned dog which rushed at a person: Cyril Campbell, $l5, order that dog be kept under proper control.

(Before Mr H. J. Evans, S.M.) DROVE WHILE DISQUALIFIED Leslie James Smith, aged 21, a food packer (Mr E. T. Hig gins i, was again remanded in custody to April 26 for sentence on a charge of driving while disqualified on April 5. He was ordered to undergo a medical examination with a view to a sentence of periodic detention. Mr Higgins said Smith yielded to temptation on the spur of the moment.

“It is clear Smith needs continued supervision but the Court could give him one final chance in the community,” he said. The Magistrate said it was Smith’s fourth appearance before the Court for driving while dis qualified. He had also committed plenty of offences involving dishonesty. NAME SUPPRESSED A charge of theft from a shop, brought against a 58-year-old wo man, whose name was sup pressed, was dismissed. She pleaded not guilty and was represented by Mr S. G Erber.

The Magistrate said a guilty mind was a necessary ingredient of a charge of theft and that the evidence was on uncertain ground. SOLD LIQUOR Desmond Joseph Keane, a barman, and Alan Thomas Hunt, manager of the Lyttelton Hotel (Mr R. K. Godfrey), were con victed and fined a total of $4O when they appeared on charges of selling liquor to persons under age.

They pleaded not guilty. Sergeant V. F. Townshend said that the charges arose from the sale of liquor, on January 16 at 9.45 p.m., to two boys aged 15. The boys, whose names were suppressed, previously appeared in the Children’s Court.

(Before Mr W. F. Brown S.M.) DETENTION Rex Malcolm Weir, aged 24 unemployed (Mr D. H. P. Daw' son), was sentenced to periodic detention for 12 months and disqualified for one year on three charges of driving while disqualified. Weir suffered from some social incompetence which made him drive motor-vehicles, said the Magistrate. DECISION RESERVED Decision was reserved until Monday on a charge of driving with an excessive alcohol concentration brought against Arthur George Urch, aged 53, a grocer. He pleaded not guilty. FINED $4O Anthony Charles Corich, aged 16, was fined $4O, disqualified for one year and ordered to attend three traffic lectures on a charge of driving at a dangerous speed. He pleaded guilty.