MAGISTRATE’S COURT Substantial gaol term for “hardened criminal”

Press, Volume CXII, Issue 32847, 22 February 1972, Page 14

MAGISTRATE’S COURT Substantial gaol term for “hardened criminal”

Terms of imprisonment amounting to two years and six months were imposed on Patrick Wiwarena, aged 34, a workman, when he appeared for sentence before Mr P. L. Molineaux, S.M., in the Magistrate’s Court yesterday on 12 charges involving burglary, theft and the possession of house-breaking instruments.

“The cold, hard fact of the matter is that you are a hardened, experienced and dangerous criminal. It is inevitable that a substantial term of imprisonment must follow,” the Magistrate said.

He said that Wiwarena had previously elected trial by jury on three charges of burglary, one charge of attempted burglary and a charge of being in possession [of house breaking instruments.

“You were released on bail for the taking of depositions, and you failed to appear,” he said. “You absconded and took to the Burwood plantation where you lived off your wits and the property of other persons in order to escape detention.” He said that while Wiwarena was living in the plantation he committed three additional offences of burglary, three of theft and one of unlawfully taking a car. Wiwarena elected summary jurisdiction on all charges when apprehended the second time. He pleaded guilty.

BURGLARY OF CLUBS Three youths who admitted breaking and entering the premises of seven bowling clubs and a tennis club between January 24 and February 7 were again remanded in custody to February 25 when they appeared for sentence. They are Kevin . Horne, aged 18, unemployed, Paul Harper, aged 17, a roofer, and Roger George Newton, aged 19, a labourer. Mr D. H. Stringer appeared for Harper and Newton. Mr E. T. Higgins appeared for Home. The three defendants were ordered to undergo a medical examination to determine their fitness for periodic detention.

Mr Stringer said the offences formed a fairly extensive operation against bowling clubs but for little income. Both Harper and Newton had some difficulties in their background which could have had some bearing on their offending. Mr Higgins said Home’s record placed him at a greater disadvantage than his companions, but the Court could still consider some form of punishment which would leave him in the community. The Magistrate said all three defendants had previous convictions for burglary. OFFENSIVE WEAPON John McKinnon Donnelly, aged 19, a self-employed painter (Mr M. J. Glue), was remanded on ball when he pleaded guilty to charges of being in possession of an offensive weapon and escaping from custody. A large crowd had gathered near the scene of a motor accident in Marine Parade at 12.30 a.m. on February 13, said Detective Sergeant J. G. Howell. Donnelly was seen to approach with a piece of metal more than two feet long in his hand. He was put into the police car, but jumped out and ran off across the sand dunes. At 7 a.m.. Donnelly was taken to the police station by his father. He said in explanation that the length of steel, a car bumper jack, was for the protection of himself and friends. He got out of the police car because he did not like sitting in I police cars.

MAN STOLE $lBO The defendant, dressed, as a female, took another man to an Auckland building site to have intercourse and took the man’s wallet when he removed his clothes, the Court was told. The defendant, Kevin Graham Archbold, aged 23, unemployed (Mr G. R. Lascelles), pleaded guilty to stealing $lBO. He was remanded on bail to February 28. Archbold was seen by the police in Christchurch on January 28. He said he had only taken $5O and used this to travel to Christchurch. ASSAULTED POLICE Mark Anaru McGregor, aged 24, a storeman (Mr E. T. Higgins), was remanded on bail to February 28 when he pleaded guilty to charges of assaulting and resisting a constable and using obscene language. The police were called to a domestic dispute in Battersea Street on February 12, said Detective Sergeant Howell. McGregor was aggressive towards his de-facto wife and the police and when lus wife said she was going to her mother’s house, McGregor said he would get a rifle. He was apprehended by the police and struggled violently. Five policemen were needed to get him into the police car. During the struggle, a sergeant was kicked in the leg and punched in the stomach. During the struggle, McGregor used obscene language. INDECENT ASSAULT A young woman woke up one night to find a strange man kissing her, the Court was told when Michael Francis Baker, aged 27, a machine operator (Mr D. M. Palmer), appeared on a charge of Indecent assault. Detective Sergeant Howell said that the complainant found a man crouching beside her bed at 2.30 a.m. on February 13. Her husband was asleep beside her.

Baker pleaded guilty and was remanded to February 28 for a probation officer’s report and sentence.

Mr Palmer asked for interim suppression of Baker's name as the full circumstances of the offence were not then known. He also said there were mitigating factors yet to be put before the Court. “I will do what I think Is right,” the Magistrate said, declining the request for suppression. »

ADMITTED BURGLARY Arahi Tukura Hira, aged 29, a labourer (Mr E. T. Higgins), admitted breaking and entering Autocrat Sales in Christchurch on January 13. He was convicted and remanded to February 28 for sentence. Detective Sergeant Howell told the Court that Hira was stopped by a police patrol while walking along a city footpath at 2 a.m. on the night of the burglary. The police asked to see the contents of the bag he was carrying. He showed them some clothing’ at the top of the bag but ran off when the police asked to see all the contents. The police found radios worth $lB4 in the bag which Hira left behind him. He was later apprehended and admitted the offence. Detective Sergeant Howell asked for restitution of $70 — cash stolen in the burglary.

BURGLARY OFFENCE Steven Kino, aged 19, a bricklayer, was further remanded in custody to February 25 for a medical examination, to ascertain his fitness for training at the Waikeria Detention Centre, when he appeared for sentence on a charge of burglary. The Magistrate said Kino admitted that he broke into a house and stole $5O. A total of $320 w-as reported missing from the house. OBSCENE LANGUAGE

“There is more in this than just obscene language," the Magistrate said when WUliam Roberts Woodcock, aged 61, retired, pleaded guilty to using obscene language in Tilford Street. Detective Sergeant How ell said the complainant, a 19-year-old woman, was walking along the street with her eight-year-old sister. The defendant came up behind them and asked the older woman if she would like to make love. He then asked her to go behind a building. “Keep off the streets and keep

away from people during the period of the remand or else I will have you locked up,” the Magistrate told Woodcock.

RECEIVING CHARGE lan Nelson Benbow, aged 25, a workman (Mr J. E. Butler), was again remanded to February 25 for a medical examination to determine his suitability for periodic detention, when he appeared for sentence on two charges of receiving. Mr Butler said Benbow had spent a previous period of imprisonment for a serious offence and was released in August, 1971.

The Magistrate said notwithstanding Benbow’s extensive criminal record he was making some endeavour to remain a lawabiding citizen. The charges related to tools and groceries valued at $44. FIGHTING IN SQUARE Peter Douglas Hesp, aged 18, an apprentice upholsterer, was fined $l5 after pleading guilty to fighting in Cathedral Square on February 20. Detective Sergeant Howell said police were called to a brawl in the Square at 1 a.m. Beer bottles were being thrown among the crowd. He said Hesp was) seen fighting on a footpath with a person who had thrown a bottle at a woman. The Magistrate told the police to investigate the causes of the fight further as there appeared to be strong mitigation. However. Hesp, who was not represented, told the court that he was not defending a woman, and the police facts were incorrect. The Magistrate said the fine took into account Hesp’s honesty. DRIVING OFFENCES Patrick Nicholas, aged 20. a cable layer, pleaded guilty to driving a motor vehicle while under the Influence of alcohol or drugs and to dangerous driving. The offences occurred in Tokoroa.

Nicholas was fined $lOO on each charge and disqualified from driving for 18 months on the alcohol charge and six months for dangerous driving. The disqualification periods are to be cumulative. Detective Sergeant Howell said that the car driven by Nicholas almost collided with a police patrol car. The police gave chase and saw the other car swerving across the road and almost collide with a parked car. Nicholas, who was not represented, told the Court he did not swerve his car but stopped when he heard the police siren. (Before Mr H. J. Evans, S.M.)

DANGEROUS DRIVING Robert David Priest, aged 18. a

part-time driver, was fined $3O and disqualified for six months from March 6 when he pleaded guilty to driving in a manner which might have been dangerous. Priest was seen broadsiding his car in Bickerton Street and Wainoni Road. He said he was showing off to the passenger with him.

PROBATION FOR BURGLARY Paul Stevens, aged 20, a labourer, who pleaded guilty to burgling the Templeton Pharmacy on February 10, was sentenced to 18 months probation. The Magistrate said Stevens had been released from prison on parole a fortnight before the offence was committed and was living with his uncle. He had a record of previous convictions involving dishonesty. The police caught the defendant on the premises of the Templeton Pharmacy.

Tiie Magistrate said Stevens should live with his uncle in the hope that he could come right and live sensibly and free from crime.