MAGISTRATE’S COURT 18 months gaol for robbery in Square

Press, Volume CXII, Issue 33034, 29 September 1972, Page 4

MAGISTRATE’S COURT 18 months gaol for robbery in Square

Henare Matenga, aged 23, unemployed (Mr M. A. Bums), was sent to prison for 18 months when he appeared for sentence in the Magistrate’s Court yesterday on a charge of robbery. Mr K. H. J. Headifen, S.M., was on the bench.

The defendant had pleaded guilty to robbing a man of $5 in Cathedral Square on September 20. The police said that the man was knocked to the ground and kicked.

Another person charged with Matenga has pleaded not guilty.

Mr Bums said that Matenga and two others approached the complainant to ask for money to buy fish and chips. About 30c was freely handed to Matenga and his companions. One of the three went away with the money and Matenga, who remained, objected to the complainant’s manner. Things became out of hand, the complainant was struck, and the robbery occurred as an afterthought. Mr Bums said that the defendant had a good employment record and had only

one other conviction, for a minor offence.

The Magistrate told Matenga that he faced a maximum sentence of 10 years imprisonment. "You come before this Court as an educated New Zealander with qualifications, and you behave like an animal,” he added.

Matenga was wearing boots when he kicked the complainant in the face, causing severe bruising, lacerations, and loss of sight in one eye, the Magistrate said. “I can’t condemn this behaviour enough. I consider that the public have a right to ask of this Court a deterrent sentence.” ESTREATMENT REFUSED An application by the police for estreatment of bail money in respect of two sureties to a bond entered into by David James Woods on August 14 was refused.

The sureties are the defendant’s father, Arthur Woods, a builder, and Alan Cooper, a university student. They were represented by Mr K. N. Hampton.

David James Woods, aged 19, a shop proprietor, pleaded guilty tn the Magistrate’s Court on August 14 to a charge of importing morphine into New Zealand. He was remanded on his own recognisance of $5OO and two sureties of $2OO each to appear for sentence on August 28. He failed to appear and a warrant was issued for his arrest.

Mr Woods said in evidence that his son, w’ho had recently married. had been managing a shop for him up to the time he failed to answer to his bail.

During the remand either he or another member of the family had driven the defendant to the police station to report on about half the occasions He called at the shop to see the defendant at least once a day throughout the period.

Mr Woods said it was accepted by his family and the defendant that he (the defendant) was more than likely to go to prison on August 28. Because of this, the defendant and his wife took the week-end off from the shop to visit friends and stay with some.

The defendant reported to the police on the Fridav night, but had not been seen since.

The Magistrate said it would have been unreasonable for Mi Woods to expect that the defend ant and his wife would abscond. He did not consider there had been any dereliction of duty on his part.

"The Court could demand very little more, short of keeping him under lock and key.” He said the other surety, Mr Cooper, was justified in accepting that the defendant’s father had everything under control. ARMS OFFENCE A youth who pointed a starting pistol at persons in Armagh Street on September 19 pleaded guilty to charges of receiving the pistol knowing it had been dishonestly obtained and presenting it at a person in a manner likely to lead him to believe it was a firearm. He is Julius Leslie Gemmell, aged 17. unemployed. Gemmell (Mr E. T. Turbott), was convicted and released on probation for six months. The period of probation is cumulative with a period of one year’s probation imposed on September 21. Sergeant C. T. Dalzell said that Gemmell pointed the starting pistol at a man in a parked car about 2 p.m. on September 19 The man took fright and notified a traffic officer, who called the police. , A .. Gemmell was seen to point the pistol at other persons and cars as he walked along Armagh Street. He was arrested near the Magistrate’s Court. Gemmell told the police he had no ammunition for the pistol. He knew it had been obtained tn a burglary and was looking after it for a friend. OFFENCES AT PARTY Rex Wayne Ash, aged 20, a labourer (Mr S. G. Erber), was fined $4O when he appeared for sentence on a charge of assaulting Denis Wayne Marriot at a party on September 10. He was fined a total of $3O and ordered to pay restitution of $27.6a on two charges of wilful damage on the same occasion. The Magistrate said he had seriously considered sending Ash to prison, notwithstanding his aBe ‘ WILFUL DAMAGE Stephen Joseph Clark, aged 1/, a school pupil (Mr P. F. Whiteside), pleaded guilty to a charge of wilfully damaging a window of the Canterbury Netball Association on August 16. He was convicted and fined slo and ordered to pay restitution of $3. Sergeant Dalzell said that Clark was one nf four persons who fired air rifle pellets at an upstairs window’ of the assocla tion’s pavilion in Hagley Park, The other persons had appeared in the Children’s Court. Mr Whiteside said that the offence was a foolish schoolboy prank. Clark had al readv been disciplined at home by his parents. FAILURE TO STOP Joseph Koro Barton, aged 21, a labourer, was fined $5O after pleading guilty to failing to stop after an accident. Sergeant R. S. Morgan said that the car Barton was driving struck a parked car after a left turn from Moorhouse Avenue into Montreal Street on August 8. Both cars were damaged. but there were no injuries to the occupants. Barton did not stop. The defendant told the Magistrate that he had been pressed into continuing along Montreal Street by other traffic approaching a green light. Barton was also fined $lO for

(carelessly using the car He pleaded guilty. EXCESSIVE ALCOHOL Roger Lewis Manson, aged 24, a storeman (Mr D. H. Hicks), pleaded guilty to charges of driving with an excessive alcohol (concentration (287 mg.) and l carelessly using a car on August 17. He was fined $2OO and disi qualified from driving for 18 'months on the alcohol charge. (For careless use he was fined j $l5 and disqualified for three ■months. The disqualification , periods are to be concurrent.

i (Before Mr F. G. Paterson. S.M.) ASSAULT BY INTRUDER ; Kenneth John Martin, aged 22, la builder’s labourer (Mr M. J. Glue*. was convicted on charges lof assaulting Adrian Francis Doig and being found by night I unlawfully in an enclosed yard. IHe was remanded on bail to October 5 for a medical report and sentence Martin pleaded not guilty to both charges.

Mr Doig. aged 34. a physical education lecturer, said that he was dozing in bed in his parents* house in Somerfield Street at 11 p.m. on September 1. when he heard noises and saw someone climbing through the window. He shouted and ran towards the window. He chased the intruder along the footpath for about 100 vards until he caught him. The defendant. whose breath smelt of alcohol, punched the witness once or twice, causing his nose to bleed. The defendant was held until the police arrived

Martin denied being on the property. He said he had been to two hotels and was walking home when the complainant came out of a gate and started chasing him He panicked and ran away. He punched Mr Doig after Mr Doig grabbed him. FOUND IN YARD Andrew’ Arthur Emms Ivory’, aged 21. a factory’ hand (Mr M.J. Glue), was convicted and fined $4O w hen he pleaded guilty to a charge of being found without lawful excuse in an enclosed yard. Senior-Sergeant F. G. Mulcare said that the police were called when the defendant was seen outside a window on a property at Halsw’ell. When questioned by the police. Ivory said he had gone on to the property to relieve himself. (Before Mr H. J. Evans, S.M ) RECKLESS DRIVING Colin Wayne Mannix, aged 30, a contractor (Mr N. A. Johnstone). was fined $125 and was disqualified from driving for 15 months on a charge of driving recklessly on August 15. Mannix was previously sentenced to a term of probation and six months disqualification from driving on other charges related to the offence. FINES OF $l7O Fines totalling $l7O and a period of probation of 12 months were imposed on Brian Elliott, aged 35. a panelbeater (Mr G. S. Brockett), w’hen he appeared for sentence on charges of driving W’hile disqualified, exceeding 30 miles an hour, and not wearing a safety helmet while exceeding 30 miles an hour For driving while disqualified, Elliott was fined $l5O. He was fined $lO on each of the ether charges. PERIODIC DETENTION Neville Thomas Gardiner, aged 29, unemploved (Mr R. B. Leete), was sentenced to six months periodic detention and was disqualified from driving for six months on a charge of driving w’hile disqualified in Colombo Street and Battersea Street, on September 15.

On a charge of refusing to give a blood sample Gardiner was sentenced to three months periodic detention and was disqualified from driving for nine months, and for failing to keep to the left w’hen turning right, he was ordered to pay costs

The periods of disqualification are to be served concurrently w’ith the term of disqualification already imposed, which will expire in December, 1973.