MAGISTRATE’S COURT Nine months gaol for part in burglary

Press, Volume CXI, Issue 32707, 9 September 1971, Page 15

MAGISTRATE’S COURT Nine months gaol for part in burglary

One of four persons charged with breaking into a Cashel Street house with the intention of smashing it up with an axe was sentenced to imprisonment for nine months when he appeared in the Magistrate’s Court yesterday. He was Albert Eric Lye, aged 24, unemployed. Mr P. L. Molineaux, S.M., said that Lye was seven years older than the other offenders, it was he who took the axe to the house and used it, he was one of the prime movers in the shocking episode, and he had an extensive criminal record. “The only appropriate sentence is imprisonment,” he said. Miss J. M. Manson, who appeared for Lye, said that the probation officer’s report placed the blame for his offending on his early life. The only reason Lye could give for the latest offence was that he was drunk. Two of the offenders, Howard Alder Common, aged 17, an apprentice (Mr W. S. Smith), and Jon Philip White, aged 17, an apprentice (Mr M. J. Glue), were each fined $2OO and released on probation for two years. They were ordered to pay their share of restitution and not to associate with persons not approved of by the probation officer. The Magistrate said that the offence was a deliberate act of criminal vandalism which, ordinarily, could be met only with a term of imprisonment. Both offenders, however, had never appeared before the Court before and were in steady employment. They fell upon bad days in the company they kept. Mr Smith said that Common played a relatively minor part in the offence. He came from an excellent home and regretted the whole incident. Mr Glue said that the whole affair had its origin in a gang dispute, and breaking into the house was an act of retribution. The fourth person charged with burglary of the house, of 441 Cashel Street, will appear before the Court tomorrow. FORGERY “You abused your position of Magistrate told a Post Office Savings Bank clerk • who appeared for sentence on five charges of forgery. Before the Court was Alan I X™? 1 ,°xenham. aged 18 (Mr W. v. c, Janus), who was fined $lOO and released on probation for a x. azK L a half - Restitution of I has been made available by !£» 2 ef endant’s father and this wiU be paid back by the defendant.

K Janu S said A* Bl Oxenham had been forced to live a transitory life, having attended nine schools throughout the globe

and after this found it difficult to settle down. He craved for independence and started boarding. He was faced with a repair bill for his car for $7O and his wages of $2B a week did not meet his expenses. As he wished to impress a .girl, Oxenham made arrange, ments to buy another car, said Mr Janus. He then discovered how easy it was to take money from the Post Office Savings Bank. The Magistrate said that Oxenham hit on a scheme of fraudulently operating an account not used for some time. He forged the name of the account holder and withdrew the money. "Normally an offence of this nature is met by a term of imprisonment,” 'said the Magistrate. “But when the balloon went up this young man went to the manager and confessed.” The Magistrate said it impressed him that the defendant was still able to respond to the beneficial influences of probation. DEFERRED SENTENCE Mervyn Gibson, aged 45, a social security beneficiary, was convicted and ordered to come up for sentence within two years if called upon when he pleaded guilty to a charge of making a false declaration under the Social Security Act between February 2, 1970, and March 7, 1971. He was ordered to pay restitution of $661.55. Senior-Sergeant F. G. Mulcare said that Gibson was in receipt of a benefit and obtained a supplementary benefit by falsely declaring that his wife was not earning, when she was in fact employed. When interviewed on August 14, Gibson said that he suffered from a heart condition. ■ On one occasion when he went into hospital his family had to live on toast because there was no money for proper food. He was determined this would never happen again, so when his wife started .to work he did not disclose this in his declaration ‘Tn view of the defendant’s state of health, and the circumstances outlined -by the police, I propose to take the rather unusual course of ordering hiih to come up for sentence within two years if called upon on the condition that he pays restitution to the Social Security Department, the Magistrate said. FORGERY Patrick Frederick Mullally,’ aged 50, a driver (Mr R. de R. Flesher), was convicted and remanded on bail to September 15 for sentence on charges of theft of a social security benefit postal warrant and of forgery of a signature on the warrant. He had pleaded guilty. .Senior-Sergeant Mulcare said that the. complainant, who had lived with Mullally for a number of years, reported t 6 the police on August 6 that a postal warrant for a social security benefit |n her name had been cashed without her knowledge. When interviewed, Mullally admitted the offences. He told the police that two days before the theft of the warrant had been his pay day. He had gone home and given all his pay to the complainant, with whom he had been living for several years. That evening they had had an argument and the complainant had left, taking all his money. > He had taken the warrant and cashed it because he had no money and considered that since the complainant had all his money he was entitled to some of the complainant’s.

THEFT OF CAR On * charge of stealing a car worth $9OO on September 7, Murray Graham Dick, aged 19, unemployed, was convicted and remanded in custody to Septem-

ber 15 for sentence. He pleaded guilty. Senior-Sergeant Mulcare said that Dick took the car from Holmwood Road when he found the keys in the glove tray. He later attempted to sell it to Papanui Car Sales. Ltd, but was arrested when he called back for the money. Dick said he had been out of work for some time and needed the money. ASSAULT Carl Anthony Stills, aged 20, a barman (Mr P. F. Tempero). pleaded guilty to a charge of assaulting Paul James Phillips at Lincoln on June 27. He was convicted and fined $7O. Senior-Sergeant Mulcare said that Stills punched the complainant in the face and gave him two open-haiided blows during an argument. Mr Tempero said that both men were affected by liquor at the time. DRUG CHARGE Leonardo Pagliara, aged 25, a hairdresser (Mr J. G. Leggat), was again remanded on bail, until September 29, on a charge of selling lysergide on July 1. The remand was made to enable further analysis to be made of the substance which is the subject of the charge. (Before Mr J. C. K. Fabian, S.M.) THEFT AS SERVANT A man whose name was suppressed was released on probation for two years when he appeared for sentence on two charges of theft as a servant of $250. Conditions of probation are that the defendant pays $4O prosecution costs, takes medical treatment as directed, and puts his financial affairs under the control of the probation service. Counsel, Mr G. T. Mahon, said that the defendant took the money from his employer and a fellow employee and used it to bet on horses. The defendant’s gambling had become obsessional. His own money was used first and then he just had to keep betting. Until the time of the offence he had a record of complete honesty. The Magistrate, granting suppression of name, said that restitution had been made at considerable personal sacrifice to the defandant, who had a good work record. (Before Mr W. F. Brown, S.M.) EXCESSIVE ALCOHOL On charges of driving with an excessive alcohol concentration, brought by the Ministry of Transport, convictions were entered and sentences imposed or remands for sentence ordered as follows: Thomas Walter Wilson, $l5O, disqualified for 18 months from September 22; Maxwell Clarke Wilson. $75, disqualified for six months from September 22; Karl Kristian James Cook, $6O, disqualified for six .months; Paul Mitchell Le Breton, $lOO, disqualified for nine months from September 22; Joseph Harry Slater, $l5O, disqualified for 18 months; Francis Tripp, convicted and remanded to September 15 for sentence; Koiwi John Marsh, $6O, disqualified for nine months; Alastair Macquarrie Dunbar, $125, disqualified for 18 months; John David Lawrence, sl7u. disqualified for 18 months. DANGEROUS SPEED Barry Peter Grice, aged 20, an apprentice fitter and welder, pleaded guilty to a charge of riding a motor-cycle at a dangerous speed. He was convicted and fined $BO and disqualified for 12 months. ’ BENCH WARRANT A warrant was issued for the arrest of Desmond Trevor Bartrum, aged 36, a foreman, on a charge of driving with an excessive alcohol concentration.