MAGISTRATE’S COURT Broken beer bottle was used in assault

Press, Volume CXI, Issue 32779, 2 December 1971, Page 17

MAGISTRATE’S COURT Broken beer bottle was used in assault

A few hours after being sentenced to periodic detention on a charge of assault, a man armed himself with the jagged end of a broken beer bottle and assaulted a hotel doorman, Mr E. S. J. Crutchley, S.M., was told in the Magistrate’s Court yesterday. Before him was Kevin Martin Crowe, aged 25, a sheet-metal worker (Mr A. J. Forbes), who pleaded not guilty to a charge of assaulting Lindsay Anthony Taylor with intent to injure him. The Magistrate convicted Crowe and remanded him on bail to December 8 for sentence. The complainant, Mr Taylor, said he was employed part-time at the Bush Inn Courts as a doorman. It was his duty to keep under-age drinkers off the premises and to stop disturbances. At 8.30 pjn. on November 5, he had occasion to speak to the defendant after a scuffle on the dance floor, and kept an eye on Crowe after that

About 10 pun., Crowe threw a flrework under the feet of a woman sitting at a nearby table. Crowe and his two companions were asked to leave.

Mr Taylor said he and another doorman, Mr R. P. Gibson, escorted the three to the door. At the door one of Crowe’s companions started to argue and there was some jostling. Crowe kicked out, and Mr Gibson grabbed Crowe’s foot and threw him on his back.

A beer bottle which Crowe had concealed under his suit coat fell to the ground and smashed. Crowe picked up the neck of the bottle and, with the jagged edge forward, lunged at Mr Taylor. “I saw the bottle coming towards my face and I put my hand out to stop it My hand was cut in three places, and I had to have eight stitches,” Mr Taylor said. The defendant and his companions then left in a taxi. Mr Gibson gave similar evidence of the incident

Constable D. C. Sandes said he spoke to Crowe about 10.50 p.m. at the casualty department of the Christchurch Hospital. Crowe, who was being treated for a cut above an eye, admitted having been at the Bush Inn Courts but denied the assault He was arrested at 11.45 p.m. In evidence, Crowe said he had been drinking with his friends in a city hotel since 4 p.m., and at 7.45 pun. went to the Bush Inn Courts. “We just left about 10 o’clock. We weren’t asked to go. I don’t remember anyone speaking to us, and I don’t remember any incident, any bottles, or any glass. I was just too drunk,” Crowe said. “I do remember something about being tripped up at the door, but even that’s not clear,” he said. He and his companions had left the hotel and gone to a night club in the city. They had been refused admittance there because he was too drunk.

Crowe said he understood that it was as a result of an incident at the nightclub that he suffered the cut above his eye. Mr Forbes submitted that Crowe had been too intoxicated to form an intent to injure. “The defendant has an extraordinary kind of memory," the Magistrate said. “He can remember a great deal of that night, but he cannot remember other very vital matters. “It might be that the defendant subconsciously does not want to remember, or it could be a deliberate refusal to remember,” he said.

The Magistrate said that the question of intoxication did not allow for a person being drunk only to the extent that he had diminished ability to form intent. Either a person had to be too drunk to form any intent at all, or the charge was proved. The evidence did not show that Crowe was as drunk as that. Mr Forbes said that Crowe had been sentenced to periodic detention on another charge of assault on the day of the offence. The drinking bout had been a form of celebration, Mr Forties said.

SIX MONTHS GAOL “Your offending has been persistent since 1969. Fines and probation seem useless for you. The only thing is to give you a prison sentence, the Magistrate said when sentencing Joseph James Ward, aged 19, unemployed, on a charge of unlawfully taking a car worth *3500. Ward was sentenced to imprisonment for six months, to be followed by a year’s probation. He was disqualified from driving for 18 months. “You had a deplorable start In life and It is not surprising that you have offended as much as you have,” the Magistrate said. OBSTRUCTION On a charge of wilfully obstructing a constable In the execution of his duty on Novembei 30, Keith Wayne Savage, aged 21. a workman, was convicted and fined *2O after pleading guilty. Sergeant R. S. Morgan said the defendant and his brother were spoken to by two constables in Cathedral Square at 11.30 p.m. on November 30. The defendant’s brother became abusive and was arrested for using obscene language. The defendant told the court he saw his brother on the ground and wanted to help him. v’Your record doesn't help you, you know,” the Magistrate said. “In fact, you could well be sent off to some sort of detention.”

Michael John Savage, aged 18, a workman, pleaded guilty to a charge of using obscene language on the same occasion. He was convicted and fined *2O. FOUND IN CELL

A man who walked Into a police station cell at 1.15 am. yesterday and refused to leave was arrested and locked In the cell. Sergeant Morgan said. The man, George Patrick Shannon, aged 30, a grave digger, who pleaded guilty to a charge of wilfully trespassing at the Central Police Station, was convicted and fined *2O. Shannon told the court he thought the police station was public. He went there to get some of his property .which had been taken from him on a previous visit. TRESPASS Barry Daniel Smith, aged 30, a rubber worker, pleaded guilty to a charge of wilfully trespassing on premises in Voelas Road. Lyttelton, on November 30, and was convicted and fined *3O. Sergeant Morgan said Smith had previously been keeping company with a young woman living at the address, but she had ended the association. Smith was arrested after refusing to leave the property, and threatening to throw a brick through a window.

THEFT OF MOTOR-CYCLE Paul Davidson Petrie, aged 20, unemployed (Mr R. F. B. Perry), was released on probation for one year and ordered to pay restitution of *l5O when he appeared for sentence on a charge of theft of a motor-cycle, valued at *3OO, from Dunedin. Mr Perry said Petrie was not the prime mover in the offence and kept wateh while a cooffender took the motor-evcle. He did, however, help in changing the number plates and also rode pillion. The Magistrate said Petrie had a clear record to date, but the offence was a serious and calculated one. Petrie was a hangeron mixed up with a more serious offender. THEFT OF RADIO Trevor Vincent Lowry, aged 17, unemployed, was further remanded on bail until today on a charge of theft of a radio valued at $4O and wilful damage to a fence.

Lowry pleaded guilty to a further charge of theft from an honesty box. Sergeant W. J: Nicholl said the defendant was apprehended at ILSO pm. in Lichfield Street while picking up 80c from a newspaper honesty box. He told the police he was not working and had no money. The Magistrate said the Court hesitated to send the defendant to Boreal for these particular offences. Lowry seemed determined to spoil his chances of a successful life.

THEFT OF BOOK „ Andrew Graham Bell, aged 17, an apprentice blacksmith, pleaded guilty to a charge of stealing a book wotb *l.lO at Auckland Airport on September 26. He was convicted and remanded on bail to December 6 for sentence.

OFFENCE IN SHIP . Bella Hohala Nathan, aged 28, a housekeeper, who pleaded guilty to a charge of refusing to leave the m.v. Essex when ordered to do so at Lyttelton on November 30 was convicted and fined *l5.

EXCESSIVE ALCOHOL In police prosecutions for driving with an excessive bloodalcohol concentration, convictions were entered and penalties imposed as follows, with costs of *5 and medical expenses of $10.50 in each case: Tony Leslie Millen, aged 27, a watersider (247 milligrams of alcohol per 100 millilitres of blood), $2OO, disqualified from driving for 18 months from December 15; Sulafai Elisera, aged 22, a workman (258 milligrams), *l9O, disqualified from driving for 18 months.

FINED *2OO A man who at a party broke another person’s jaw-bone in three places with two blows, was fined *2OO and released on probation for 18 months when be appeared for sentence. He is Cohn Katene, aged 18, a woolstore worker (Mr D. M. Palmer). Katene had previously pleaded guilty to the assault of Kenneth John Waddell on September 10, when Mr Waddell had declined to hand a glass of beer to him. Mr WaddeU was in hospital for six weeks as a result ' , Mr Palmer said Katene had no previous conviction and had caused no bother before. The offence was quite out of character. He was considerably under the influence of liquor at the time. As a special condition of probation. Katene was ordered to abstain from liquor. The Magistrate directed that half the fine be paid to the complainant. (Before Messrs A. R. Chambers and L W. Moreland, Justices of the Peace) COMMITTED FOR TRIAL Grant Joseph MacFarlane, aged 18, a presshand, was committed to the Supreme Court for trial after despositions were taken on a charge of attempting to dissuade a witness by threats from giving evidence In criminal proceedings at the hearing of a charge of wilful damage. MacFarlane pleaded not guilty. David Thomas Lloyd, an apprentice cabinet-maker, said he saw the accused smash a window at the Gladstone Hotel on September 30, and told the police. . On October 2, he was speaking to a friend who was with MacFarlane —and both persons tried to tell him he did not see them break the window, witness said. If witness went to Court and said he saw them break the window, the accused said he would “do him in” and kill him. He did not see either person again until the date of the hear-

On October 11, witness said he gave evidence against the accused on a charge of wilful damage. MacFarlane had pleaded not guilty, but after evidence was given had changed his plea. Detective Sergeant J. G. Howell said that when he questioned the accused about threatening the witness, the accused replied: “You could say that, I suppose.” In his statement, MacFarlane said he told Mr Lloyd that if he put him (accused) under he would have to watcht out “He sort of laughed when I told him I would get him. I did not say I would Mil him," the statement said. The statement also said that accused would not really lay his hands on Mr Lloyd—it was only Idle threats. “There are tons of other ways of getting a fellow without thumping mm,” the statement said. (Before Mr P. L. Moiineaux, S.M.) DROVE UNDER INFLUENCE George Ronald Rose, aged 65, retired, pleaded guilty to a charge of driving while under

the Influence of drink or a drug. He was convicted and fined *3OO and disqualified from driving for 18 months. A blood test showed a blood-alcohol concentration of 351 milligrams of alcohol per 100 millilitres of blood. CHARGES DENIED Albert Wylie, aged 46, unemployed. pleaded not guilty to a charge of driving a poweocyde while under the influence of drink or a drug, and not, guilty to a charge of refusing to supply a blood specimen. On the driving charge, he was convicted and fined *l5O, disqualified for 15 months, and ordered to pay *24.50 witnesses’ and medical expenses. For refusing to supply a blood specimen, Wylie was convicted and discharged.

EXCESSIVE ALCOHOL In prosecutions for driving with an excessive blood-alcohol concentration, brought by the Ministry of Transport, convictions were entered and penalties imposed as follows, with Court costs *5 and medical expense* on each charge: Francis Henry Stanton (216 milligrams of alcohol per 100 millilitres of blood), *175, disqualified for 12 months from December 15; Philip Wayne Sullivan (198 milligrams), *l5O, disqualified for 12 months; Trevor Joseph Flannifian (172 miUL grams), *lOO, disqualified for nine months (careless use, fined *25; failed to ascertain if anyone injured. fined *5O, disqualified for six months); Thomas John Preato (137 milligrams), *5O, disqualified for six months (drove In mannei that might have been dangerous, *5O. disqualified for six months, the disqualification to be concurrent); Aaron Michael Wheeler (143 milligrams), *7O, disqualified for six months; Allan Richard Swanson (180 milligrams), *lOO, disqualified for nine months; James Keith MacLaren (131 milligrams), *5O, disqualified for six months from December 15; Christopher Richard Beveridge (175 milligrams). *BO, disqualified for six months. REFUSED SPECIMEN

Neville Johnston, aged 21, pleaded guilty to a charge of refusing to supply a specimen of blood for a blood-alcohol test. He was convicted and fined *lOO, and disqualified from driving for 12 months. DISCHARGED Ronald William Dick, aged 21, an orderly, was discharged without conviction under section 42 of the Criminal Justice Act after pleading guilty to a charge of driving at a speed that might have been dangerous. He was ordered to pay *2O prosecution costs. The Magistrate said he accepted Dick’s explanation that he was anxious about the condition of his wife, who was nine months pregnant.