MAGISTRATE’S COURT Hotel licensee who kept revolver fined

Press, Volume CXI, Issue 32640, 23 June 1971, Page 21

MAGISTRATE’S COURT Hotel licensee who kept revolver fined

A Coalgate publican kept a seven-shot, .22-calibre revolver loaded with bird shot in a drawer beside his bed because he had had trouble with intruders, Mr H. J. Evans, S.M., was told in the Magistrate’s Court yesterday when Brian Stocker Greenslade (Mr P. C. M. Straubel) pleaded guilty to a charge of possessing the revolver at Coalgate on May 3 without lawful purpose. The defendant was convicted and fined $25.

Greenslade also pleaded guilty to two charges of obtaining .22-calibre rifles without permits and was convicted and fined $5 on each charge. Sergeant W. J. Nicholl said that the police called at Greenslade’s premises on May 3 and asked him if he had any unregistered firearms. Greenslade took the police to his bedroom and produced the revolver. It was loaded with bird shot and he said he kept it in case of intruders. He told the police he had had a large collection of firearms, but had surrendered all but the revolver to the police some years previously. The two rifles, obtained from friends since January, 1968, were also in the room. Mr Straubel said that there was nothing sinister about the defendant’s possession of the revolver. It had been kept only for protection of the premises, because large sums of money were often kept there. "He could quite legally keep a rifle or shotgun for this purpose, but considers them too dangerous. The revolver was loaded with bird shot and would not cause much harm,” said Mr Straubel. The Magistrate ordered the forfeiture of the revolver. FALSE PRETENCES Dennis Wayne Fairclough, aged 24. unemployed (Mr J. E. Butler) was convicted and remanded on bail to June 30 for sentence when he pleaded guilty to nine charges of obtaining goods and cash worth >227.05 by false pretences. Sergeant Nicholl said that the defendant called at the Criminal Investigation Branch on May 15 and admitted the offences. He said he had been drinking heavily on the days of the offences. A man had given him a book of cheques in a hotel, and he had subsequently cashed or obtained goods from various Christchurch businesses with nine of the cheques. BURGLARY Patutahora Percy Hakarala, aged 21, a cable-joiners’ assistant, was convicted and remanded on bail to June 30 for sentence when he appeared on two charges of breaking and entering. Hakarala pleaded guilty. Sergeant NlchoU said the defendant broke and entered the Kinlelth Pulp and Paper Workers’ Club on January 12, 1970, and a shed at the Ongaroto quarry the following day. When Interviewed the defendant said

he had been hitch-hiking from Mount Maunganui to Taumarunui and haa broken into the buildings because he was hungry and wanted money. Restitution of $67 was sought. DISQUALIFIED DRIVER Stephen Noel Riley, aged 19. a workman (Mr L. G. Holder), was fined $lOO and put on probation for 12 months when he appeared for sentence on a charge of driving while disqualified. He bad pleaded guilty. The Magistrate ordered Riley to live and work where directed by the probation officer and to pay the fine as directed. ANOTHER REMAND

Bert William Henry Poffley, aged 59. a process worker, was again remanded, to today for a medical report to determine his fitness for periodic detention. He was appearing for sentence on charges of attempted burglary and being in possession of housebreaking implements, to which he had pleaded guilty. The remand is in custody. “Depending on the medical report, it is my intention to sentence you to three months periodic detention and admit you to probation for the maximum term (three years)/* the Magistrate said. “This sentence was not arrived at lightly. By normal reckoning you have qualified here and now for imprisonment. My reasons for not sending you to prison are first, this case as a whole is very different from the ordinary. Second, I don’t feel the proposed sentence is against the public interest, and third, it seems that with psychiatric treatment you can yet come to live as a non-offending member of the community/* he said. The Magistrate said that as special conditions of the proposed probation. Poffley would have to continue taking psychiatric treatment and would have to surrender any tools and keys In his possession which could be used as possible housebreaking implements. THEFT OF MAKE-UP

A girl, whose name was suppressed, was discharged without conviction when she appeared on a charge of theft of a tube of make-up valued at $1.65. She pleaded guilty and was represented by Mr N. D. Thomson. Sergeant Nicholl said the defendant and her sister visited a chemist’s shop at 11.45 a.m. on May 24. The defendant took a tube of eye make-up from a shelf and put it in her hand bag. She then paid for an article her sister had handed her but made no attempt to pay for the article in her bag. When approached by a shop assistant she offered no explanation for the theft. Mr Thomson said that the defendant went to the shop to buy her sister a birthday present. She admitted taking the make-up but could not explain why she took it. THEFT OF RECORD A woman, whose name was suppressed, pleaded guilty to a charge of stealing a long-playing record on May 21 from a record shop. She was discharged under section 42 of the Criminal Justice Act. WILFUL DAMAGE Paul Adam Kiwi, aged 21, a rubbish worker, pleaded guilty to a charge of wilfully damaging a car door. He was convicted and ordered to pay $32 restitution. Sergeant Nicholl said that the defendant was involved in a fight outside a hotel at 10.30 p.m. on April 17. Soon afterwards he was seen pulling the door of the complainant’s car. The door flew open and hit the mudguard, causing damage worth $32. DISORDERLY BEHAVIOUR Vito lese, aged 23, a factory worker, was convicted and fined $lO when he pleaded guilty to a charge of disorderly behaviour. Sergeant Nicholl said that at 10 p.m. on June 19. lese. sitting at a table in the lounge bar of a hotel, threw a beer jug which landed some distance away and broke. lese said he had been drinking too much at the time. LICENSEE FINED Joseph Guy Raoul Daigenault, a hotel licensee, was convicted and. fined $2O when he appeared on a charge of supplying liquor to a person under 20. Daigenault pleaded guilty. He was represented by Mr G. R. Lascelles. Sergeant Nicholl said the of fence occurred at 9.12 p.m. on March 27 when the defendan supplied liquor to a 16-year-old youth. When interviewed, the defendant denied serving the youth. VACANCY AWAITED Peter lan Atkins, aged 17, a footwear operator, was remanded on bail to July 27 for s vacancy to occur at the juvenile periodic detention centre. He was appearing for sentence on a charge of robbing Graeme John Collins of 40c. The Magistrate said he intended to sentence Atkins to six months periodic detention and admit him to probation for 12 months. OTHER CHARGES In other prosecutions brought by the police, convictions were entered and fines imposed as follows with court costs of $5 on each charge: Person under 20 in possession of liquor in public place: Russel Brian Kerr, $l5; Colin Lindsav Spencer, $l5.

Person under 20 found in public bar, Paul William Higgs, $10: Diane Manhire, $lO. (Before Mr W. F. Brown, S.M.) ASSAULT ON POLICEWOMAN Warrick Hilton Veitch, aged 23, an airman (Mr J. M. Wilson), was fined $6O and ordered to pay witnesses’ expenses of $l5 when he was convicted of assaulting a policewoman on May 26. He pleaded not guilty.

Traffic Officer D. F. Valentine said that he took the defendant to the police station at 11.20 p.m. because he suspected him of driving under the influence of drink in Riccarton Road. The defendant’s girl-friend forced her way into the Ministry of Transport vehicle and said that the defendant did not have to take a breath test.

At the police station a second breath test was negative, said the witness, and the defendant was told that he could go. His friend was in the watchhouse with a policewoman. He heard her say to the policewoman, “I could take you down any day you liked.” The policewoman restrained her, as she thought the threat would be carried out. The defendant then came through the door and punched the policewoman.

In cross-examination the witness agreed that there was some struggling between the policewoman and the defendant’s friend.

Policewoman Margaret Anne Woodhouse said that she placed her hands on the arm of the defendant’s friend to restrain her. The defendant came through the door and said, '‘Nobody is going to put their hands on my missus ’ and struck her, making her nose bleed.

Cross-examined, the witness denied slapping the defendant’s friend.

The defendant said in evidence that he was in the medical room when he heard his fiancee shouting. He went into the watchhouse and saw the policewoman with a hand on his fiancee’s shoul der and hitting her on the side of the face with the other hand, He told the policewoman to leave his fiancee alone, but he did not hit her. Margaret Ropiha, the defendant’s fiancee said that she could have caused the policewoman’s bleeding nose with her head or shoulders when she swung round on the chair in the watenhouse. The policewoman had slapped her once across the face. The Magistrate said that the defendant probably struck the blow without considering the consequences. The fiancee was probably the person most to blame. WOMEN SENTENCED Two of four women who were found hiding in the brine room of the Icenic at Lyttelton on June 22 were ordered to come up for sentence if called upon within one year and a third was released on. probation for one year. The fourth defendant was remanded on bail until June 29 for information about her identity to be sent from the North Island. Maude Emma Awhimako Kemp, aged 32, unemployed, who appeared on charges of being idle and disorderly and being unlawfully on board a ship, was ordered to come up for sentence within one year if called upon. Carol Agnes Alexi Kelly, aged 28. unemployed, who appeared on a charge of being found unlawfully on board a ship, was ordered to come up for sentence if called upon within one year. Wendy Jane Robson, aged 20, unemployed, was released on probation for one year when she appeared on charges of being idle and disorderly and being unlawfully on board a ship. Margaret Jose Annette Hilton, aged 23, who previously appeared under the name of Jeanen Marsden, was remanded on bail until June 29. (Before Mr E. S. J. Crutchley, S.M.) MISCELLANEOUS CHARGES In miscellaneous prosecutions, convictions • were entered ana fines imposed as follows, with court costs of $5 on each charge:— Failed to furnish return of income: Warren Kingsley, Ltd, $4; K. A. Sorrell, Ltd, $4; Lorna Vee Fishing Company. Ltd, $4; Gilbert Harry Brewer, $4; Finance (Christchurch), Ltd, $5; Luxury Lines, Ltd, $5 and $5 (two charges); Mothermade Biscuits (1965), Ltd, $10; W. Newell, Ltd, $10; Northern Builders. Ltd, $5; Opawa Premier Assemblies, Ltd, $10; Leonard Gerrard McGrath, $10; Trevor Harrison Davis, $l5; Wickham Enterprises, Ltd, $5; Trading and Development, Ltd, $5; John Russell Carter. $3O; Amalgamated Finance (Hamilton), Ltd, $4; Christchurch Chair Company. Ltd, $5; Hornby Tannery, Ltd, $5; Instant Hotels, Ltd, $4; Communications (N.Z.), Ltd, $10; Fox Motors, Ltd, $4; James Michael Fraher, $l5; James William Donaldson, $2O; Ronald Chun, $4; Leslie William Haworth, $4; Robert Frank Shrives. $4; Irma Everil Tang, 510 and $lO (two charges); Tanea Fishing Company. Ltd, $4; Langham's Enterprises, Ltd, $4; Stanley James Hutton, $2O; Harry Irvine Espie, $lO. Failed to send in complfete return of income: Road Constructions (Canterbury), Lid, $10; Road Constructions (Contracts), Ltd. $10; John Lukay Hyder Roberts, $4. Failed to account for P.A.Y.E. deductions: Pamac Transport, Ltd, $BO (four charges). Drove too close behind another vehicle on approaches to Lyttelton road tunnel: D. S. Rickard. $lO. Failed to close shop for whole of Sunday: Govan Lallu, $4; Arthur John Curragh, $5: Hampshire Mini-Market, Ltd, $6; Arrat Dayal Bhana, $6.