MAGISTRATE'S COURT Shooting incident on Christmas Day

Press, Volume CXIV, Issue 33435, 17 January 1974, Page 7

MAGISTRATE'S COURT Shooting incident on Christmas Day

A man who fired four Ehots from a rifle at a Cashel Street address on Christmas Day last year was convicted and fined $55 when he pleaded guilty to three charges before Mr E. S. J. Crutchley, S.M., in the Magistrate’s Court yesterday.

David Arthur McDonald, aged 21. an unemployed seaman (Mr M. J. Glue), pleaded guilty to charges of procuring a firearm at Lyttelton without a permit, possessing it for more than three months when not the registered owner, and discharging it without reasonable cause. Sergeant R. I. Harlick said that the police armed offenders squad was called to an address in Cashel Street at 1.34 a.m. on December 25 after neighbours reported hearing rifle shots being fired in a house.

While the squad was outside the address another shot was fired in the front yard. When the squad entered the house at 3.50 a.m. the defendant was found asleep in bed. The .22 calibre rifle was found near the! front door of the house. Sergeant Harlick said the defendant admitted firing three shots in the bathroom and one in the yard. He told the police that he used the rifle when he became depressed after an argument with his fiancee. He had bought the weapon from a seaman six months before. Mr Glue said that the defendant had not pointed the rifle at anyone and had fired the shots into the floor. He had been drinking. FALSE PRETENCE Thomas Ross Payne, aged 24, a cook (Mr E. T. Higgins), was convicted on his pleas of guilty to 11 charges of false pretence and remanded on bail to January 23 for sentence. He was ordered to undergo a medical examination for periodic detention. Sergeant Harlick said that the defendant opened an account at a city chain store in 1968 and closed it in February, 1971. From August to November last year he obtained liquor, airline tickets, appliances and other goods worth a total of $1618.07 by false pretences at several of the firm’s branch stores. When interviewed by the police in December last year the defendant said he needed money desperately at the time. Property worth $472.74 had not been recovered and restitution was sought for that amount, said Sergeant Harlick. RECEIVED PARTS James Frederick Diack, aged 23, a mechanic (Mr G. R. Lascelles), was convicted and remanded on bail to January 23 for sentence when he pleaded guilty to a charge of receiving stolen car parts worth $BOO. He was ordered to have a medical examination to ascertain fitness for periodic detention. Sergeant Harlick said that a 1964 Holden station waggon was reported missing on December 3. On December 6 the police found that parts from the vehicle were being advertised for sale by a car wrecker. As a result of inquiries the defendant was located on December 7. He told the police that a man called Peter approached him and asked him to sell some parts. Diack was to have shared in the sale of the parts. Replacement of unrecovered parts would cost $lOO9, said Sergeant Harlick. ASSAULT CHARGE Clive William Johnstone, aged 23, a machinist, was convicted on his plea of guilty to a charge of assault on January 16. He was remanded on bail to January 23 for sentence. Sergeant Harlick said the defendant punched the complainant in the eye several times at a motel. When the complainant took the defendant’s car number the latter hit him again, said Sergeant Harlick. FALSE PRETENCES A man whose name was suppressed (Mr M. J. Glue) was convicted on his pleas of guilty to two charges of false pretence and a charge of stealing two cheque forms in July last year. He was remanded on ball to Jan-

uary 23 for a medical examina-i tion and sentence. Sergeant Harlick said that the I defendant found two blank j cheques in his house when he was minding another persons child. He filled in the forms and obtained groceries worth $2O. FOUR CHARGES I Michael John Savage, aged 20. : unemployed (Mr D. M. Palmer), , was convicted and remanded on i bail to January 23 for sentence . when he appeared on charges of receiving, dangerous driving, I refusing to accompany a j constable, and refusing to give la blood sample.

Savage pleaded guiltv to all charges. Sergeant Harlick said that on December 7 Savage was seen attempting to sell a pair of binoculars valued at $65 to a second hand dealer. He said they were given to him by his father. The police later received a complaint that they had been stolen. Savage said a friend had given them to him. $8 restitution was sought, and the return of the recovered binoculars.

Oh September 15 a police car had to swerve to avoid a collision with Savage's car on Cashel Street. After a chase he was stopped. He refused to undergo a breath test, and refused to accompany the police. He was arrested, and refused to give a blood sample. BURGLARY AND THEFT

Margaret Rose Farr, aged 17, unemployed, was convicted on her pleas of guilty to one charge of burglary and three charges of theft. She was remanded on bail to January 23 for sentence. Sergeant Harlick said that on December 29 an employee of Rodger Hunt, chemists, observed the defendant and her companion in the shop. When they were approached after leaving the shop she was found to have in her possession cosmetics valued at $3.35 she had taken from the shop. She also had cosmetics, valued at $1.25, the property of McKenzies, Ltd, and a pair of trousers, valued at $14.95, the property of Galvins Menswear, Ltd.

She said she wanted the things so she took them. On December 11 the defendant and a companion burgled the New Brighton Beauty Shoppe, Entry was gained through a louvre window and $145 in goods were taken, most of which have not been recovered.

Restitution of $5B was sought by the police. TWO CHARGES

Murray David MacDonald, aged 29, a packer (Mr K. N. Hampton), was convicted on his pleas of guilty and remanded in custody to January 23 for sentence when he appeared on a charge of burglary and a charge of unlawfully taking a van valued at $5OO. Sergeant Harlick said the van was taken on December 4 from High Street. The complainant saw the van being driven away. The van and the defendant and a companion were found by the police in Lyttelton later that evening. At first the defendant denied taking the van, and said he had hitch-hiked to Lyttelton, but his companion said they had been drinking and had gone looking for a vehicle to take. The defendant and two others burgled a house in Durham Street on December 7 and took a portable television set, which was subsequently sold to a second-hand dealer for $2O. Entry was gained by removing windows. The television set had been recovered. BROKE WINDOW

A man who said he broke a window rather than "take It out on his wife,” after an argument, was fined $2O, and ordered to pay $8 restitution when he was charged with wilfully damaging a plate glass window on January 15. Brian George McAllister, aged 20, a driver, pleaded guilty to the charge. Sergeant Harlick said the police received a complaint of the damage from the defendant's neighbour. McAllister had broken the window with his hand. He had been drinking. STOLE GLASSES Maurice Bruce Rowlands, aged 17, a hotel steward, was convicted and fined $2O when he pleaded guilty to a charge of stealing a drinking glass worth 20c, the property of P. Burke and Company. A girl whose name was suppressed, was convicted and fined $5 when she pleaded guilty to a similar charge. (Before Mr K. H. J. Headifen, S.M.) EXCESSIVE ALCOHOL

In Ministry of Transport prosecutions for excessive alcohol concentration. convictions were entered as follows, with Court

costs $5 and medical expenses of $11.50 in most cases:—

Robert Albert Porter (190 mg fined $l5O, disqualified for 121 months; Peter Maurice Denovan (190 mg fined $l5O, disqualified: for 12 months; Bruce Stephen! Tweedy (197 mg fined $l5O, dis-; qualified for 12 months; Graham; Thomas Burt (257 mg fined $200,! disqualified for 18 months; Anthony Francis Clark (108 mg I fined $75. disqualified for six! months; Ellis Norman Horton (352 mg fined $2OO, disqualified! for two years; John Clifford] i2o7mg). fined $2OO, disqualified' for 18 months; Colin Joseph Fox! (125 mg fined $5O, disqualifiedl for six months; Stephen Charles Simpson (116 mg fined $75, disqualified for six months; Donald Alexander Cameron, $lOO, disqualified for nine months; Craig Richard Cherrie (142 mg $75 and disqualified for six months. lan Francis Hamilton who pleaded guilty to a charge of excess blood-alcohol content <22Bmg), was convicted and remanded on bail until January 23. He was ordered to have a medical examination with a view to periodic detention. THREE CHARGES Ronald Walter Kerr was convicted and remanded until January 23 for sentence on charges of excessive blood-alcohol content (182 mg producing another person’s licence and driving while disqualified. He pleaded guilty to all charges and was ordered to have a medical examination for periodic detention. FINED $2OO Arthur Francis Muggeridge was convicted and fined $lOO and disqualified for 18 months on a charge of excess blood-alcohol content (108 mg $75 and disqualified for six months on a charge of dangerous speed, and $25 for failing to stop for a siren. Muggeridge pleaded guilty to all three charges which took place on November 1 last. RECKLESS DRIVING Neville William Hamilton who appeared on charges of driving while disqualified and reckless driving was convicted and remanded on bail until January 23. The defendant pleaded guilty to the charges. Tlie incidents occurred on October 26 last, when the defendant was observed by a traffic officer travelling on a motor scooter at speeds between 60 miles per hour and 80 miles per hour in a 30 miles per hour zone. DROVE WHILE DISQUALIFIED Paul David Ray was fined $5O and disqualified for six months when he was convicted on his plea of guilty to a charge of driving while disqualified.