MAGISTRATE’S COURT Demonstrating seaman punched bystander

Press, Volume CXI, Issue 32777, 30 November 1971, Page 10

MAGISTRATE’S COURT Demonstrating seaman punched bystander

A bystander who refused to accept a pamphlet from a seaman taking part in a protest demonstration was punched and thrown to the ground, Mr E. S. J. Crutchley, S.M., was told in the Magistrate’s Court yesterday. The seaman, James Bruce Thompson, aged 22, pleaded guilty to a charge of assaulting Gregory Sheldon Craddock. He was convicted and fined $2OO, $5O of which is to be paid to the complainant.

Sergeant R. S. Morgan said that at 8.15 p.m. last Friday Thompson was taking part in a march to express opposition to the Shipping and Seamen Amendment Bill and the deregistration of the Seamen’s Union. Near the corner of Gloucester and Manchester streets Thompson approached Mr Craddock and offered him a pamphlet. Mr Craddock refused to accept it and, when asked why, replied: “You don’t work anyway.” Thompson then punched Mr Craddock in the face and tripped him up, Mr Craddock had his hands in his pockets at the time and was unable to defend himself. Sergeant Morgan said. Mr Craddock received bruising to his face and abrasions to his hands as he attempted to break his fall. His trousers were also tom.

As Mr Craddock attempted to get up Thompson again made to strike him but was restrained by other demonstrators.

Thompson told the Magistrate that Mr Craddock had described the protesters as “a bunch of moaners” and had pushed his arm away as he tried to pass over the pamphlet. “You have no right to force your pamphlets or your views on anybody,” the Magistrate said. “In this Court’s opinion you are being treated with some leniency in being fined. You are lucky not to have detention of some kind.” DETENTION CENTRE "With the list of previous convictions you have, the Court would be justified in sending you off to Borstal,” the Magistrate said when sentencing Peter James Humphrey, aged 17, unemployed- on five charges of burglary, three charges of unlawfully taking motor vehicles, a charge of unlawfully getting into a vehicle and three charges of having unlawful sexual intercourse. Humphrey was sentenced to detention centre training on the charges, to which he had previously pleaded guilty. He was also disqualified from driving for two years and ordered to pay restitution of $342. <f You might respond to detention centre training before it is too late. You are the one who has got to make the effort to take advantage of this training,” the Magistrate said.

ASSAULT Joseph Thompson, aged 53. a factory worker, appeared for sentence on a charge of assault. He was sentenced to three months imprisonment.

The Magistrate said that it was a severe assault, the complainant suffering bruising, a dislocated shoulder and time off work. The defendant had many

previous convictions since 1937, culminating in a conviction for aggravated assault in 1966. CANNABIS OFFENCE Gloria Starr, aged 22, unemployed (Mr I. J. D. Hall), pleaded guilty to a charge of smoking cannabis at Gisborne on August 7. She was convicted and remanded on bail to December 6 for sentence. Sergeant Morgan said that, as a result of information received, a police party raided a house in Gisborne. There they found 32.44 grammes of cannabis and 1506 cannabis seeds. Starr admitted having smoked cannabis while on the property. It was not suggested that she was in any way connected with the stockpile of cannabis found at the house, and another person had already been dealt with in connection with it, Sergeant Morgan said. Applying for bail for Starr. Mr Hall said that she had had “just one puff” of cannabis. CHARITY MONEY STOLEN A man who took a half-gallon jar containing donations for the Cerebral Palsy School from the bar of a Lyttelton hotel, opened it in the men’s toilets and spent most of the $2O proceeds in another hotel, Sergeant Morgan said. Peter George Ngamo, aged 31, a carpenter (Mr M. A. Burns) pleaded guilty to the theft and was convicted and remanded to December 6 for sentence. Ball was allowed and the Magistrate ordered that Ngamo undergo a medical examination to determine his fitness for periodic detention. Sergeant Morgan said that Ngamo had freely admitted the offence and had said he had spent the money on liquor and pool games. DRUG CHARGE Susan Elizabeth Hempseed, aged 20, a bank teller (Mr C. A. McVeigh) was fined $5O and released on probation for one year when she appeared for sentence on a charge of having a prescription poison in her possession on November 5. Mr McVeigh said the defend- , ant was given the two tablets about a month ago. Her sole purpose in having them in her possession was for slimming, but i she had not used them. The Magistrate said the case 1 was not a serious one of its I kind. The Court was justified in i dealing with her by probation and a fine. THEFT OF SIGNS Three deckhands from the m.v. Essex who stole two signs from the Union Steam Ship Company, were each fined $2O. John Murray McCaw, aged 19, Michael John McLeod, aged 19. and Roland Barry Dawson, aged 17, all pleaded guilty to charges of theft. Sergeant Morgan said the two signs valued at $l5 were wrenched from an office at the Ferry wharf at 11.25 p.m. on November 28. The defendants said they wanted to hang the signs in the ship’s bar. DEFERRED SENTENCE Lawrence John Fisher, aged 21, a steel worker, was ordered to come up for sentence within one year if called upon when he pleaded guilty to a charge of incurring a debt of $l.lO by a false pretence on November 27. Sergeant Morgan said Fisher and two companions ordered meals in a cafe at 11.10 p.m. on November 27. They later left without paying. When apprehended by the police, Fisher said he had been drinking and had no money. Fisher told the Court he thought he had $5 in his pocket when lie ordered the meal. (Before Mr M. C. Astley, S.M.) FINED $6O lan David Ristrom, aged 34, a sales manager (Mr A. P. C. Tipping) was fined $6O and his driver’s licence was cancelled for six months on a charge of care- ; less driving causing bodily injury to David Steven Witen, aged 17, a student. Ristrom originally pleaded not guilty but changed his plea to one of guilty after the prosecution’s case had been presented. Evidence was given that about 3.30 p.m. on July 12 the defendant was 'driving north-east on Grahams Road. He stopped at the compulsory stop sign at Wai- I malri Road and then drove across the intersection. He was almost over the intersection when his car and a motor-cycle approaching from the left collided. The rider of the motor-cycle, Mr Witen, suffered a spinal in- i jury and is now a paraplegic. The defendant told the police that the sun was low on the left and because of the glare through the trees casting shadows, he failed to see the motor-cyclist.

Mr Tipping said that throughout the whole incident the defendant had taken a responsible and frank attitude. He had been driving for 16 years and had no previous convictions. He was married, had two children and held a responsible position.

The degree of carelessness was not great and was thoroughly disproportionate to the injuries suffered by the motor-cyclist. The matter had caused the defendant substantial regret and worry and he had suffered far more than most defendants who come before the Court on such a charge because he had caused such tragic circumstan-

ces for the young motor-cyclist, Mr Tipping said. The defendant had sensibly changed his plea to one of guilty said the Magistrate. He found no contributory fault on the part of the motor-cyclist.

The defendant was a responsible citizen and a person of good repute. It was not a case of wanton carelessness. He had stopped at the sign but then moved off because he did not see the motor-cyclist because of the sun shining through the trees.

He agreed that the negligence was not gross. If there had been another foot to spare there would have been no accident. He accepted that the circumstances were of great regret to the defendant.

As a general rule the result of negligence did not directly govern the penalty. It was the degree of negligence that was penalised but the Court had to have some regard to the injuries suffered, the Magistrate said.

The defendant was ordered to pay medical expenses of $10.50, and witness expenses of $3.25. The cancellation of his licence will not take effect for a week to enable him to apply for a limited licence to drive in the course of his employment. THEFT OF CAR EMBLEM Robin John O’Connor, aged 18, an agricultural contractor, was* fined $25, ordered to pay wit- ' nesses* expenses of $24.75 and restitution of $8.50 when he pleaded not guilty to stealing a Mercedes car emblem valued at $8.50 from Oamaru on October 24. Sergeant W. J. Nicholl said the defendant was interviewed about another charge when it was found he had the car emblem in* his possession. He told the police he found it while hiteb- , (Before Mr J. D. Kinder, S.M.) EXCESSIVE ALCOHOL Alexander McNee Brady, aged 48, a spare parts assistant (Mr 1 R. F. B. Perry) was fined $2OO. ' disqualified for two years and ’ ordered to pay medical expenses of $10.50 when he pleaded guilty ’ to driving with an excessive 1 alcohol concentration in Papanui ; Road on October 2. A blood test showed a concentration of ' 280 milligrams of alcohol. The Magistrate said it was a • very high alcohol content and ’ the defendant’s driving must ‘ have been greatly impaired. VEHICLE IN DANGEROUS CONDITION When the brakes of a defendant’s car were tested by a traffic officer, the brake pedal went straight to the floor, the Court was told. Steven Archibald, aged 18, a car cleaner (Mr M. G. L. Loughnan), pleaded not guilty to charges of operating a vehicle in a dangerous condition and failing to give way in Lincoln Road on July 24. He was fined $l5 and disqualified for three months. Traffic Officer R. J. Regan said the defendant turned left into Lincoln Road forcing a taxi to swerve on the Incorrect side of the/ road to avoid a collision. Archibald said he applied the brakes, but they were not working properly; he knew they were in such a condition. The defendant denied telling the traffic officer he knew his brakes were in this condition. They were very good before the incident. M NO REDUCTION ON SPEEDING FINE The Magistrate said there waa no justification in making a re-, duction on the infringement fee of $49 for driving at 45 miles an hour in Harper Avenue. Alexander Darryl McConnell, aged 17, a warehouseman (Mr B. S. McLaughlin), pleaded not guilty to driving at a speed which might have been dangerous, but guilty to the lesser charge of exceeding 30 miles an hour. He was fined $49. Traffic Officer D. B. Gowan said the defendant’s van overtook his vehicle on the inside lane of Harper Avenue and then changed into the right hand lane passing in front by four feet. A check was made at 45 miles an hour. In explanation, McConnell said he did not think he was driving at more than 40, but did not look at his speedometer. After submissions by counsel, the charge was reduced to exceeding 30 miles an hour to which the defendant pleaded guilty. (Before Mr P. L. Mollneaux, S.M.> FINED $lOO Kevin Joseph Stack, aged 32, a shop proprietor, pleaded guilty to a charge of refusing to supply a specimen of blood, and guilty to a charge of failing to accompany a traffic officer to the police sta-. tion. He was convicted and fined $lOO and disqualified for 12 months from December 13 on tha refusal to supply a blood sped* men charge. On the other charge he was convicted, and discharged. DANGEROUS SPEEDS * In prosecutions brought by the Ministry of Transport, convictions were entered on charges of driving at a speed that might have been dangerous, and penalties were imposed as follows, with Court costs $5 on each charge:—Christopher John-Thornton, $75, disqualified for six months; Michael John Ball, $lOO, disquaH* fied for nine months; Phillip Brian Waterus, $5O, disqualified for four months; Wayne Lester Strachan, $6O, disqualified for 12 months.