MAGISTRATE’S COURT Gaol sentence of three years for ‘systematic crime’

Press, Volume CXI, Issue 32702, 3 September 1971, Page 17

MAGISTRATE’S COURT Gaol sentence of three years for ‘systematic crime’

Walter Edington Restall, • aged 55, unemployed, was I sentenced to three years im- ' prisonment by Mr P. L. Moli- ■ neaux, S.M., in the Magis- > trate’s Court yesterday on ■ 21 charges involving dishoni esty. i Restall (Mr K. N. Hampton) • had previously pleaded guilty ■ to 17 charges of burglary, a charge of attempted burglary, two charges of theft, and a charge of obtaining credit by fraud. Property valued at $1913.55 was taken and only $45.50 worth has been recovered. All the stolen property was sold in Christchurch - hotels soon after the burg- : laries. Mr Hampton said that the i outstanding thing about i Restall’s position was the ■ constant reference through- ' out his record to liquor and the part it played in his offending and throughout his life. The Magistrate said he accepted that Restall had a liquor problem, but it did not give him a licence for crime. “You embarked upon a systematic course of criminal conduct solely to provide yourself with liquor . . . You yourself have an extensive record for dishonesty and must have known what the outcome would be but this did not deter you,” the Magistrate said to Restall. “A substantial term of imprisonment is called for in the public interest.” SHOPLIFTING “It is important to control shoplifting if one pos- ' sibly can, and one of the i ways is publication of the . offender’s name,” the Magl istrate said when refusing to suppress the name of Ngaire Lorraine Laking, aged 45, a 1 housewife (Mr P. Boyce), who pleaded guilty to a charge of ' Stealing a dress worth $2.25 i from McKenzies, Ltd, on i June 28. The defendant was con- [ victed and fined $2O. Mr Boyce said that the defendant had no use for the dress she took. Her action ' was the culmination of many events affecting her stability. The offence was entirely out of character. THEFT OF CAR On a charge of stealing a ’ 1939-model car worth $2OO on i February 25, Barry Robert ‘ Stokes, aged 25, a labourer, was convicted and remanded on bail to September 9 for sentence. He pleaded guilty. Sergeant R. J. Skilton said that the defendant arranged to sell the car on behalf of ’ the complainant, Lawrence James Tomick, but sold it on ; February 25 to pay a private i debL BURGLARY AND THEFT Neville Barrett, aged 21, a workman, pleaded guilty to three chargee of burglary and three

charges of theft. He was con- ’ victed and remanded in cus* ’ tody to September 9 for sen- • tence. Sergeant Skilton said that money and other property worth * $355 were taken by Barrett, i Restitution of $226 was sought. THEFT OF FROCK Gordon Ritchie, aged 18, a (labourer, was fined $3O and released on probation for one year ’ when he pleaded guilty to a I charge of stealing a frock worth $l4 on February 27. Sergeant Skilton said that the , frock was taken during the r night from a clothesline behind ’ a flat in Durham Street. It was r found in the possession of a girl i who said that Ritchie gave it to . her. ’ EXCESSIVE ALCOHOL Robert Eric Lee, aged 38, a r plasterer (Mr R. F. Powell), was > fined $l5O and disqualified from driving for two years when he ’ was sentenced on' a charge of driving with an excessive alcohol , concentration, on April* 9. He ' had previously pleaded guilty. REMAND ’ Albert Sala, aged 29, a presser ■ (Mr L. M. O’Reilly), was again | remanded on bail, to September , 13, for sentence on a charge of 1 stealing a bag containing $500.35 1 on August 23. He was directed to undergo a medical examination to determine his fitness for ’ periodic detention. He was also remanded to the same date on a charge of stealing a wallet containing $35 on August 14, to which he had previously pleaded not guilty. , PERIODIC DETENTION *lt is dear that the defendant was using his vehicle In a reck--1 less and dare-devil way for his : own enjoyment,” the Magistrate i said when Graham Lester Smith, ifs * 22 *.’ unemployed (Mr C. A. McVeigh), appeared for sentence 1 on a charge of dangerous driv- , Ing. Smith was sentenced to six months periodic detention at the adult work centre and dlsquaU- • fled for two more years. At a previous hearing. Sergeant R. S. Morgan said that Smith drove his vehicle in a

series of manoeuvres which took the car along the footpaths on each side of Aidershot Street, over front lawns, in tight turns round lamp-posts and over gutterings at a speed of 20 miles an hour. Children were playing in the area, and at one stage Smith drove his car along a footpath at a girl. "It is perfectly clear from the statement of facts that is is not an ordinary case of dangerous driving. All in all he was indulging himself with his vehicle at the expense of others,” the Magistrate safd.

In disqualifying Smith for two years, the Magistrate said that Smith was already disqualified for a year and a half. Mr McVeigh said the defendant’s recollection of the events was hazy as he had been drinking and was on a course of drugs at the time. The defendant denied that he drove straight at a girl on the pavement. ASSAULT John Jacob Edwards, aged 18, an apprentice spray painter, was convicted and remanded in custody to September 9 for sentence when he pleaded guilty to a charge of assault. Sergeant Skilton said that the complainant, a married woman, was walking ' along Worcester Street at 8.40 p.m. oh August 5 when the defendant approached her and grabbed an arm. The defendant released his grip when the complainant slapped him on the face, but he followed her and kicked her. He made off when approached by a bus JJiyer. who had seen the assault. When the defendant was interviewed on August 14 his explsnation was that he had had too much to drink.

ALCOHOL Kelvin Arthur Radcliffe, aged 2k? JK* er ’ ide worker (Mr A. D. Mcßeath), was convicted and fined $lBO and disqualified from driving for 18 months when he pleaded guilty to charges of driving with an excessive alcohol concentration and careless usp Sergeant Skilton said that Radcliffe s motor-cycle ran into a stationary vehicle in Norwich Quay at 4.30 p.m. on July 1. A blood sample showed a concentration of 225 milligrams of alcohol.

„ _ TOOK CAR Keith Stuart Sinclair, aged 17, an apprentice fitter and turner (Mr P. N. Duncan), was fined *80; released on probation for 12 months, and disqualified from driving for six months on charges of unlawfully taking a car and unlawfully getting into a car. He had previously pleaded guilty. (Refore Mr J. C. K. Fabian, S.M.) EXCESSIVE ALCOHOL Jacobus Van Eykeren, aged 41, a labourer (Mr M. J. Glue), was convicted and fined *175 and disqualified from driving for three years after he had pleaded guUty to a charge of driving with an excessive alcohol concentration. A charge of careless use, to which he pleaded not guilty, was withdrawn by leave. Senior Traffic Officer J. MoKee said that Eykeren was involved in a head-on collision with a car in Emerson Street at 2.10 p.m. on August 1. When interviewed, Eykeren admitted he had been drinking, and a blood analysis showed a concentration of 250 milligrams of alcohol. “You have really earned yourself a prison sentence,” the Magistrate said to Eykeren, who has a previous conviction for driving under the influence of alcohol. (Before Mr H. J. Evans, S.M.) DECISION RESERVED The Magistrate reserved his decision on a charge of burglary brought against a youth whose name was suppressed. The youth, represented by Mr W. D. Moultrie, was remanded on bail to September 9. The youth pleaded not guilty to breaking and entering the cafeteria at the factory of Davis Gelatine, Ltd, on July 16, and said he was at home in bed when the burglary was committed. He also said that a statement he made to the police, and later signed, in which he admitted the offence, was "a lot of rot.” He said he made a false statement because a detective had threatened to beat it out of him. The Magistrate heard submissions from Mr Moultrie and the prosecutor (Senior-Sergeant F. G. Mulcare) as to the admissibility of the statement. Evidence relating to the taking of the statement was given by two detectives and the defendant The Magistrate found that no duress was applied when the statement was taken and that it was admissible. (Before Mr W. F. Brown, S.M.)

DEFERRED SENTENCE A girl, whose name was suppressed (Mr D. M. Palmer), was ordered to eome up for sentence within six months with a view to a discharge without conviction when she appeared for sentence on a charge of theft of *BB from a friend's handbag at Christchurch Airport. She was ordered to pay restitution of *3B, *2O prosecution costs, and ordered to report to the probation service every three weeks. Mr Palmer asked for suppression of name. He said that the defendant’s mother was receiving medical treatment and was distressed. It would make the position worse if the neighbours were aware of the offence. The defendant at an earlier hearing pleaded not guilty and was convicted. The Magistrate granted a rehearing yesterday and vacated the conviction after the defendant changed her plea to one of guilty. The Magistrate said that the defendant lost her steady boyfriend and became pregnant by somebody , else. She confided her pregnancy to the friend whose handbag she stole and this friend told somebody else. “It could be the act of a very mixed-up girl," said ths Magistrate.

EXCESSIVE ALCOHOL John Churton, aged 57, a covermaker (Mr L. M. O’Reilly), was convicted In a reserved decision on a charge of driving with an excessive alcohol concentration. He had pleaded not guilty. Churton was fined 5100, disqualified for nine months from September 16, and ordered to pay medical expenses of 510.50.

(Before Mr K. H. J. Headifen S.M.) PERIODIC DETENTION Peter Graham Smith, aged 21, a labourer (Mr A. K. Grant), was sentenced to periodic detention for four months and ordered to pay restitution of $lO when he appeared on three charges of burglary to which he had previously pleaded guilty.