MAGISTRATE’S COURT Three years gaol for disqualified driving

Press, Volume CXII, Issue 33063, 2 November 1972, Page 10

MAGISTRATE’S COURT Three years gaol for disqualified driving

A 36-year-old man was sentenced to three years imprisonment when he appeared before Mr H. J. Evans, S.M., in the Magistrate’s Court yesterday on his seventh charge of driving while disqualified.

Arthur Murdoch Mclver, an unemployed mechanic, was appearing for sentence on a charge of disqualified driving, and of driving with an excessive blood alcohol concentration (277 mg He had pleaded guilty to both charges. The Magistrate said that Mclver had been convicted in January, 1964, of driving under the influence of liquor, and twice in 1965 and in 1966, 1967, 1970, and 1971 for driving while disqualified. Each conviction had met with increasing periods of imprisonment, which appeared to have had little effect.

The Magistrate said that the regulations provided for five years imprisonment, and he said there was an option open to him to commit McIver to the Supreme Court for sentence.

On the excessive alcohol charge, Mclver was sentenced to three months imprisonment to be served concurrently. Noting that Mclver was disqualified from driving until 1983, the Magistrate imposed a concurrent term of a year’s disqualification. Sergeant R. I. Harlick appeared for the police. ATTEMPTED MURDER Appearing on remand on a charge of attempted murder, John Richard Leathern, aged 49, a life underwriter (Mr G. R. Lascelles), was further remanded in custody to Sunnyside Hospital until November 15. No plea was entered. BURGLARY Two prison escapers burgled a property on the Old Main North Road and obtained clothing and cash to the value of $195, the prosecutor told the Court. Peter Alan Rockhouse, aged 31, and Kenneth Henry Foster, aged 30, prisoners, pleaded guilty to breaking and entering the property of Kevin Rex Naish on October 5. Senior-Sergeant F. G. Mulcare said that the two men escaped from Paparua Prison on October 5, and about midday entered the property and took the cash and clothing. They were later apprehended in a city hotel and were wearing the clothing. They told the police friends gave them the clothing. The Magistrate convicted both and remanded them to November 8 for a probation officer’s

report and sentence. FALSE DECLARATION A 58-year-old labourer obtained $44.46 from the Social Security Department by falsely declaring that he was unemployed. James Carrigan pleaded guilty to two charges of obtaining a benefit by false pretences. On June 28, the police were asked to take action about two allegedly false declarations made by Carrigan. Inquiries showed that on March 6 and 13, Carrigan had declared himself unemployed when he was actually employed as a labourer in a wool store. A total of $44.46 had been obtained from the department, of which $3B was outstanding to date. Mr P. G. Benseman, for Carrigan, said that a boarding house Carrigan had been staying in was burnt, and he had lost everything he owned except for a singlet. Carrigan had borrowed money from friends, and stayed with others. It was this that had made him declare himself unemployed, so that he could repay them. It had been difficult because of Carrigan’s age, to get a good Job. Fining Carrigan a total of 545, and ordering restitution of $35, the Magistrate said he was taking a lenient view, because cf Carrigan’s situation. BURGLARY CHARGES John Leslie Chandler Newman, aged 17, pleaded guilty to two charges of burglary. SeniorSergeant Mulcare said burglaries

were committed on the premises 11 of Canterbury Transport Engl- i neering, Ltd, 106 Mowbray Street, and C.S. Agencies, Ltd, 11 Lismore Street, on October 19 1 : and 28. Property to the value of $122 11 was taken in the two burglaries. I; Newman committed them in 1 company with a 15-year-old boy I who was being dealt with in the Children’s Court. Newman’s share of the restitution would ' amount to $61.24, the prosecutor : said. The Magistrate convicted Newman and remanded him to No- , vember 9, in custody, for sen- ' fence. DRIVING OFFENCES On charges of unlawfully taking a car and driving while dlsJualified on October 21, Peter ames McFetrish, aged 17, unemployed, was remanded until November 6 to enable him to I take a medical examination with I a view to a sentence of periodic detention. He was appearing for sentence. INDECENT ACT Appearing for sentence on a charge of performing an indecent act in South Hagley Park on October 20, a man, who was granted final suppression of name by the Magistrate, was released on probation, and ordered to come up for sentence within 12 months if called upon. YOUTH TOOK CARS Christopher John Henare, aged 18, and Clifford Henry Komene. aged 17, both unemployed freezing workers, were both sentenced to Borstal training when they appeared on charges of unlawfully taking cars. Henare had earlier admitted three charges and Komene two. FALSE PRETENCES Terrance Leslie Lang, aged 41, a factory hand (Mr A. W. Robinson), was further remanded in custody to November 3 when he appeared for sentence on 11 charges involving false pretences. Lang also pleaded guUty to obtaining a plastic immitatlon tree worth $7.20 and money to a total value of $lO. Mr Robinson said that Lang 1 admitted offences of dishonesty committed in Australia, but he was an intelligent person with both a pilot’s licence and a small ships master’s ticket who suffered a disturbed background. Alcohol played a part in the offences. Lang came to New Zealand to make a fresh start in life. Shortly after his arrival more than $5OO was stolen from his motel and he returned to heavy drinking. Treatment was required, Mr Robinson said. The Magistrate: If I thought this was a genuine case of a man leaving his background of crime and coming to New Zealand to make a fresh start, I would go along with you, but the probation officer’s report showed that the stage was set for the offences only 10 weeks after his arrival in this country. The Magistrate asked for the defendant’s claim that he had been robbed to be checked, as it could have some effect on sentence.

PERIODIC DETENTION Neville Scott Inin, aged 21, unemployed (Mr M. J. Glue), was sentenced to periodic detention for six months and ordered to pay $75 in restitution when he appeared for sentence on two charges of unlawfully taking cars. BORSTAL SENTENCE Paul Matenga, aged 19, unemployed (Mr P. G. Benseman), was sentenced to a term of Borstal training when he ap-' Glared on four charges of unwfully taking a motor vehicle; i theft of property worth $63; i property and money worth $25, and burglary. BURGLARY Warrell John Haines, aged 18 (Mr D. J. Boyle), a workman, was remanded on bail to November 9 for sentence after pleading guilty to burgling the Corner Food Bar in St Asaph Street on September 3. Senior-Sergeant Mulcare said Haines and two others admitted breaking into the shop and taking property worth $111.47. The three offenders had toured parts of the city to find premises suitable for a burglary. The defendant acted as a lookout. Mr Boyle asked the Magistrate to deal with Haines on the spot as the defendant had been released on probation for a later offence. The request was refused. ALCOHOL OFFENCE Graham Philip Eyre, aged 22, a student (Mr R. J. Murfltt), was fined $l5O and dlsoualifled from driving for 18 months after

[Pleading guilty to driving with an excessive blood alcohol level. Senior-Sergeant Mulcare said the car Eyre was driving nar--1 rowly missed a parked police car l in Riccarton Road. An analysis |of the defendant’s blood showed lan alcohol level of 204 mg. per 100 ml. of blood. BURGLARY John Cuthbert Stade, aged 27, a barman (Mr J. E Butlen, pleaded guilty to burglary and was remanded on bail to November 9 for sentence. Senior-Sergeant Mulcare said Stade was found a short distance from the premises of C. F. Cotter, Ltd, on October 24 The shop had been entered through a smashed window. The defendant was found to have cut limbs and admitted entering the shop. He had a television set, a radio and a shaver. Stade was Intoxicated, SeniorSergeant Mulcare said. FINED $l5O Gary Robert Graham, aged 21, a self-employed salesman (Mr B. S. Johns), was fined $l5O and disqualified from driving for 12 months for falling to ascertain Injury after an accident. The sentence followed a reserved decision on a defended hearing. Mr Johns said that Graham was fully aware of the seriousness of the offence. (Before Mr K. H. J. Headlfen, S.M.) INVESTIGATOR FINED Roderique John Arthur Mackenzie. aged 23, a private investigator, was convicted on a charge that he was deemed a rogue and vagabond In that he was found by night without lawful excuse in a building at 52 Frank Street on August 20. He had pleaded not guilty. Mackenzie was fined $l5O and ordered to pay witness expenses of $l3. James Dougan Shields, aged 23, a storeman (Mr G. S. Brockett), pleaded guilty to a similar charge which arose from the same circumstances. lie was fined $25. The Magistrate said he believed Shields had been led into the offence by Mackenzie. Mackenzie told the court he had been engaged by Shields to seek Information for divorce proceedings against his wife who was living at 52 Franks Street with his daughter. He and Shields had peered through the window of the house about 5.15 a.m. before entering after a third party had entered to seek help, on the pretence that his car had broken down. Mackenzie and Shields had both gone into the main bedroom of the house before being asked to leave by the occupier, Clarence Wilson Hadley. The Magistrate told Mackenzie his evidence was "sadly lacking” and be had no justification for entering the property and no excuse for opening the bedroom door. It was Mackenzie's second offence of this nature, bo said. PROBATION John Irvine Hawkins, aged 17, a shearer (Mr R. S. D. Twyneham), was fined $lOO, ordered to pay $10.50 medical expenses, and disqualified from driving for 18 months, when he appeared for sentence on a charge of driving with an excessive alcohol concentration on July 15. On a charge of driving while disqualified, he was released on probation for two years and disqualified from driving for another six months as from May, 1974. He was fined $lO on another charge of falling to give wav. FINED $l5O Jhon Francis Ayers, aged 18. a coalman, was fined $l5O and ; disqualified from driving for six I months when he appeared for ; sentence on a charge of driving ' while disqualified on June 4. He had pleaded guilty to the charge. ASSAULTED FEMALE John Joseph Michael Collins, . aged 37, a factory worker, was 1 convicted and released on pro- • bation when he appeared on a ’ charge that being a male he had ’ assaulted a female, Audrey Ever- ’ ett, at Lincoln, on October *. 1 He pleaded not guilty. . . CoUlna was also ordered to make restitution of $45. pay wit--1 ness expenses $8.50 and pay $S ; towards the cost of the prose- ■ cution.