MAGISTRATES COURT Persistent offender sent back to prison

Press, Volume CXII, Issue 32860, 8 March 1972, Page 19

MAGISTRATES COURT Persistent offender sent back to prison

A man who has spent most of his adult life in prison was sentenced in the Magistrate’s Court yesterday to six months ' imprisonment for false pretences. He is Glen David Hunter, aged 32, unemployed (Mr N. D. Thomson). Mr P. L. Molineaux, S.M., was on the bench. Hunter had been convicted on his pleas of guilty to two charges of false pretences and been remanded in custody for a psychiatric report. The police had said that Hunter took a cheque for $72 from the son of his employer, an Oamaru farmer, on February 8, and obtained $5O from the North Otago Farmers’ Co-operative Association, Ltd. Restitution of $72 was ordered. Mr Thomson said he had known Hunter for about 20] years. Most of the periods; during which Hunter had been; out of prison were only of three to four weeks, and hopes of rehabilitation were uncertain. However, Hunter had not been in prison for 11 months. Hunter had had some difficulty in obtaining and retaining employment during his release. Mr Thomson suggested that periodic detention would be more appropriate, since prison sentences had not rehabilitated Hunter. The Magistrate said that Hunter had been given extreme leniency on previous convictions for false pretences. The public interest must prevail. (Before Mr W. F. Brown, S.M.) ARMS OFFENCES A youth who was seen pointing a .22-calibre rifle towards the' entrance of an entertainment centre about 7.30 p.m. on March: 6 pleaded guilty to charges of I carrying the rifle without law-1 ful purpose and procuring it] without a permit. He is Grant! Paul Holmes, aged 19, a process worker.

Holmes was convicted on both charges and remanded on bail to March 14 for sentence. Sergeant V. F. Townshend said that Holmes pointed the rifle at Ute entrance while leaning over; the bonnet of a car across the i road. He called out to persons i at the entrance that he wanted his girl-friend to come out. The incident arose after Holmes had had an argument with youths in the entertainment centre.

A member of the public took the rifle from Holmes after a •nort struggle. Sergeant Townshend said that the rifle had no magazine nor ammunition in it. There was nothing sinister in what he did. Holmes told the police that he wanted to frighten the youths who had been troubling his girlfriend.

Kenneth Shane Stevens, aged 25. unemployed, pleaded guilty to’ charges of assault, receiving stolen property, and failing to report to the adult work centre. He was represented by Mr M. J. Glue.

Stevens was remanded to March 14 for sentence. Bail was at first refused, but after' hearing submissions in chambers the Magistrate reversed his decision, with “considerable reluctance.”

Sergeant Townshend said that' the police received a complaint . from Stevens’s de facto wife 1 that she had been assaulted on ( February 9. She suffered bruises. ■ The receiving charge involved five cases of liquor worth $284.40, the proceeds of a burglary. Stevens and friends were seen passing the liquor out of Stevens’s home and over the fence after Stevens had overheard a message on a police radio which I indicated that a raid on the ■ house was imminent. ASSAULT Trevor Harry King, aged 31,1 a truck-driver (Mr D. M. Palmer), was convicted and remanded on| bail to March 14 for a medical: report with a view to sentence) to the adult work centre when' he pleaded guilty to a charge of assaulting Colin David Pithie. Sergeant Townshend said that at 3.30 p.m. on November 27 the complainant was riding a motorcycle abreast of a car on the Main South Road at Hornby. The defendant attempted to drive be-! tween the two vehicles, shaking! his fist as he did so. He then cut in front of them, forcing: them to stop. After punching Mr Pithie on the mouth, he went: to the driver of the car and: tried to open the door, but the' car drove off. He swore at the! occupants of another car which stopped. ASSAULT IN HOTEL Douglas Ross Fraser, aged 20,! a process worker (Mr W. D. Moul-; trie), pleaded guilty to charges' of assault and wilful damage. Hej was convicted and remanded on; bail to March 14 for sentence.' Sergeant Townshend said that the police received a complaint! at 9.50 p.m. that a man had run! berserk in a bar at the Aranui; Motor Lodge Hotel after being asked to leave because. of his disorderly behaviour. Before the arrival of the police. Fraser broke seven beer jugs and

15 beer glasses worth $12.15. While being removed from the bar he punched the assistant manager, James Kelly Caughey, on the head.

DANGEROUS WEAPON Norman Ashley Williams, aged 124, a carpenter (Mr P. F. Tern(pero), pleaded guilty to a charge of carrying a dangerous weapon, ’a 22-calibre gas-operated air pistol, without lawful excuse. He i was convicted and fined $4. Sergeant Townshend said that I the defendant was seen displayUng the weapon in the private )bar of a city hotel about 7.45 p.m. on March 3. The pistol, i which was tucked in Williams s ! belt, was confiscated by the licensee, who also took possession of another pistol in the defendant’s room. When questioned by the police, the defendant said he carried the pistol for protection , and had done so for about 12 months. The pistol was loaded with five shots. Mr Tempero said that Williams acquired both pistols last October as payment for a debt. The power of the pistols was not great and they were used far target practice. Williams denied (telling the police that he cusI tomarily carried the pistol in his b< The Magistrate said that he was satisfied there was nothing sinister about the incident. Since the defendant had spent the night in the cells he would impose only a nominal fine.

ASSAULT Robert Alexander Aitken, aged 19, a workman (Mr Z. Maciaszek), pleaded guilty to a charge of assaulting James Rankin on February 27. He was convicted and remanded on bail to March 14 for sentence. a .. . Sergeant Townshend said that the offence occurred in Cathedral (Square outside Aubrey’s Nite Spot about midnight. The complainant was treated at Christchurch Hospital for abrasions and lacerations. WILFUL DAMAGE Graham William Tiley, aged 19. a seaman, was convicted and i fined $.50 when he pleaded guilty to charges of wilfully damaging a police spotlight and using obscene language. He was ordered to pay restitution of S 6. Sergeant Townshend said that (the police were called to a dis-: iturbance at Lyttelton at 3.40 p m. on March 6. Two men were arrested and while they were} being escorted to a police car; |Tiley used obscene language. He: i was arrested. As he was being i {placed in the police car Tileyj 1 wrenched the spotlight from its■ electrical cord and smashed it. ' ' REMAND Brian Puarakau Harrison, aged, 35. a waterworks labourer (Mr; C. A. McVeigh), was remanded in custody to March 16 for the l taking of depositions on a charge of assaulting Arthur Hoani Te; ; Mataki with intent to injure him. (Before Mr H. J. Evans, S.M.) DECISION RESERVED Alexander Quin Ashby, aged 53, a storeman (Mr O. T. Alpers), pleaded not guilty to charges of failing to keep to the left, driv-

ing under the influence of alcohol, refusing to accompany a traffic officer to a police station, escaping from the lawful custody of the traffic officer, resisting a constable in the execution of his duty, and having an excessive alcohol level. The Magistrate reserved his decision. „ ' Traffic Officer A. G. Sands said that at 1.05 a.m. on November 25 he saw a station waggon being driven erratically in Pages Road and Marlow Road. He pursued the station waggon and drew alongside, indicating to the driver that he was to stop. The driver drove on and turned into his driveway in Rowses Road. When the witness tried to administer a breath test the defendant was unco-operative and refused to accompany him to the police station. Ashbv was later arrested and taken to the Central Police Station. where a breath test was administered and a blood test was taken which showed a concentration of 242 milligrams of alcohol per 100 miliitres of blood. The defendant said that he had been drinking until past midnight on the previous evening. He could remember getting into his car, then nothing until he turned into his drive. When he got out of the car Mr Sands was standing there, but he could remember only standing on the porch and something about a breath test. Dr J. A. Begg, a psychiatrist at Sunnyside Hospital who had examined Ashby told the Court that the defendant had a long history of chronic alcoholism and was subject to memory blanks. The defendant’s violent reaction to threats would be instinctive rather than calculated and his behaviour was consistent with chronic alcoholism.

CARELESS USE Richard James Capstick, aged 19; a sales assistant, (Mr J. E. Butler), pleaded not guilty to a charge of careless use of a vehicle causing bodily injury to Rayleen Patricia Ambrose. He was convicted, fined $l5, disqualified from driving for six months and ordered to pay witnesses’ expenses of $6.50. Senior-Sergeant F. G. Mulcare said that the accident occurred lat the corner of Farrington Avenue and Raleigii Street, on October 15. • • _ Miss Ambrose told the Court (that she was riding her bicycle ! north in Farrington Avenue when the defendant failed to ' give way. She was hit by the : defendant’s vehicle, which stopped immediately. She (suffered a broken leg, grazing, and cuts to the head. I (Before Messrs A. R. Chambers and F. Brooks, Justices of the

COMMITTED FOR TRIAL lan Nelson Benbow, aged 25, unemployed, and Anthony Alan Grant, aged 26, unemployed, were committed to the Supreme Court for trial on a joint charge of attempted burglary. Both pleaded not guilty and were represented by Mr J. E. Butler. Benbow was remanded in custody and Grant on bail.