MAGISTRATE’S COURT Hole-in-heart youth not imprisoned

Press, Volume CXV, Issue 33792, 14 March 1975, Page 12

MAGISTRATE’S COURT Hole-in-heart youth not imprisoned

The health of the defendant fn it'gated against his imprisonment even though the crime war . ranted gaol, said Mr P. L. Mollneaux, b.SL, in the Magistrates Court yesterday when putting a youth on two years probation and lining him BJU6 on a charge ot attempting to obtain cannabis for the purpose of supply. The youth, Alan Charles Mulholland, aged 19, a forestry worker 'Mr S. G. Erben, had previously pleaded guilty. “The defendant suffers from a hole in the heart and 1 am loath to take the responsibility for the communitv placing him in gaol,” the Magistrate said. "The anxiety, fear and anguish may in some way have serious results.” The Court had ealrier been told that Mulholland and an associate went to Auckland and paid Si tai tor some cannabis to be delivered to Christchurch. The Ueßndams assvciate was appienenueu as lie leu the N.A.C. a. migni depot wiin a Paicei coiivaining J» buudha aucas. <*<.vording to the police the nisi set vaiue ut the cannabis was When interviewed Muihouand saiu that there was a snortage ut cannabis 1-1 Christcnurcii at the ume and he intended to sell ii uno to close tuenus. in suomusions, Mr t-rber questioned wneUlei tne onence required lue manuaiory sentence t»* feaUl bbiilbvM UI.U KliC GU*. i aeivxiuani ixungia with aiiciupuiife io me vaimaoiß and nut wi*.ia attbuaiiy oouuning ana suppxyxuj it. AiW -Uogaanate Heid mat 11 was an utftuvM tne act ana mat it warxainea imprisonment, buweser, die uihcr tavtor to oe laxen inio account in aemencing —me pexsuncU Lxicumstances ox the aeienuant— mdigauci against gauL ix nut to be implied that young people wixi not be sent to K**ul ioi traftxcaing in drugs, he added. iUXL* v *-D IcLtV ibiO.N St! ma xiewxvn, aged Zu, a bunder (Mr xv. a. ii<*Ais r iun», wa a hued when Ik p»eautd guiit> u> a cnarge ot rtvtiving a voiour leiCbixiva set, vatuea at $Bl6. on August 13. ggW television was axnung goods taaen num an exectrxuax siiop in auaiaura, douthiaau, on August 1, said oei giant Moure. Uu oepbemuex u Hewson loaded ini nievision into the boot of his car in a hotel car pant at mg hi. He paid a man >tuu tor ii. .ur nampton said that Hewson knew it was stoien because oi tuv ivw pixcc ana me way he gut it in the uara *u the car para, it was an expensive lesson the ceKnuaiit hau learned because he ivuiu never recover the stw. tile sei also appealed to be a "uud uflt, saiu Mr nampton. uecaudc »* neve* seerneu tv gu prope*i\. .lxxU.U IMmiGKAaVI .* u •«* .miR. o .u‘R iiwm Australia v»a- jCu* tv gaui lux* se*en Ua.- S Oil fck»v vH-i.VB ox asoaUib, U.IV O* WIXXUi Uaniw 0 c all d ViiC 01 LißdWtU*.) irneiiu, .vew z-ea Uuu. ok n.uu, —mhuiiy Fv-tci w o ed Zi, was axso ordered to ue Uwpvxied ml me end u* his gav* leiux. ue pxeaaed guutj. sergeant i. .uuoxe sa*u dial a* a.au p.m. on exarch u Kenv v xsiteu a ennst church home io see a woman, one Was not home a*xd rvexiy p*«.*ea up tne woman s b. other u> me sciiiftoxtne neck ana . aahvd mm against me cup boaiu. inc oiotuex hau been <uuui to telephone the woman. At 6 p.m. me woman arnvea home ana touud the delendant aiaiiuing uaaCd in the wardrobe. Hau a snaxpened tile and pugyiiuu ncx uu to me beu. .ne potice arrived and when they tuczM me detendant to the j »*.ue cox to* question.ng he ran auu smashed a winuow with h-s hand. *ic tv*u the ponce that nobody Wva.u .»cip mm. he had called -L.te L.nc and they could not do anvtning tor him, he said. Alxas .v o. Williams, tor the deniidant, said that it was a d->meskK dispute, ue bad known the woman in Australia. .> *vp*cscniative ua the Labour Department said that Kelly had bcm sentenced in Tasmania in to three years gaol on a charge oi manslaughter. assault at dance Lilli uaiutu, aged 18, unemployed, was put on probation tor tv. 6 xears wnen she was convicted on her piea of guilty on a charge oi assaulting Agnes hoax ou December 21. She was aUo ordered to live and wora where directed, and to a*-tiain. from alcohol. sergeant Moore said that Lafuiu was at a public dance on Dwember 21. At H p.m. balloons were being burst and the complainant g.abbed a balloon from the detendant. The defendant then punched the complainant in the eye and kicked her when she fell to the c-vund. Lafutu told the police that she was a bit drunk. Mr Glue submitted that the defendant had been drinking and lost her temper. DA?-LXGI.D HOAD MIRROR A youth was fined S4u and ordered to pay S6o compensation when he pxcaded guilty to a chaige of wilfully damaging the miiror between Fox Glacier ano i ran/ Josef Glacier on December 23. He is Anthony John Arnold, aged 19, a soidier 'Mr G. b. Bxocketti. Sergeant Moore »aid that Arnold picked up a road marker post and damaged the mirror about 9.45 p.m. on December 28. It took two days to repair the mirror. Mr Brockett submitted the! Arnold now knew that it was a stupid offence He had used the pest as a javelin. Tbe mirror was made ot polished steel and the impact of the post had put it out of alignment, he said.

ASSAULT IN SHOP Kevin Frank Duffy, aged 18. was convicted and remanded on bail until March 2U for piooauuu and medical reporta and sentence when he pleaded guilty, to a charge of assault. Sergeant Moore said that about | £.20 a m. on March 3 the defendant went to a city shop. When the complainant, a woman shop assistant, approached the defendant he touched her on the leg. She told him not to, and the defendant made an obscene remark. The complainant followed the defendant to the door of the shop, and told him she would call the police. The defendant then hit her in the face. CLUB BURGLED Paul William Dead man. aged 20. an assistant printer, was convicted and remanded on bail to March 20 for sentence when he pleaded guilty to a charge of burgling the South Brighton Bowling Club on January 12. St rgeant Moore said the bowl-1

mg club was burgled about 4.30. p.m. and cash, liquor, and cigar- ■ ettes to a total value of 557 were taken. Access was gained by jemmying a ranch slider door. The defendant told the police that he and several associates | were staying in a camping ground near the bowling club They were having “a bit of a party.” but ran out of liquor,; so decided to go and find some. DISCHARGED Jeremy Edward Bentley Davison. aged 18. an agricultural student, was discharged without conviction and ordered to pay; 120 towards the cost of prosecu-1 tlon when he pleaded guilty to a charge of wilfully damaging a flying-horse sign at Wigram, Senice Station. Sockburn. Sergeant Moore said that Davi- ( son pulled the sign off the wall when he called at the coin pump about 12.15 a.m. on November 10 Damage amounted to $165. Mr R. L. Kerr, for Davison, said that the offence occurred after end-of-exams celebrations. The defendant had become frustrated because it was the third service station at which he had unsuccessfully tried to get petrol. He had the money with him in Court to pav the damages. A conviction at this stage in the defendant’s life could affect future job prospects, said Mr. Kerr. THEFTS FROM CARS Manuariki Kouka. aged 17, a factory hand, was remanded to March 20 on four charges of theft involving goods worth 8626. i He pleaded guiltv. On December 26 the defendant | took property from three cars in, Alexandra. The goods included; three rifles, a tape recorder and a torch, said Sergeant Moore. I On January 18 Kouktfalso took; a rug and torch from a car in; New Brighton. When interview-ed he admited ■ the offences and said he was] sorry for what he had done. ASSAULT A man who assaulted his de facto wife after an argument was convicted and remanded on bail to March 20 for a probation report and sentence. Samuel Michael Price, aged 33, a yard foreman, pleaded guilty to a charge of assault. Sergeant Moore said the defendant and his wife had an argument at home. The defendant kicked and punched his wife, and she suffered bruising and abrasions to the face. The defendant admitted punching his wife in the face, but denied kicking her. INTERFERED WITH CAR Harold Fern Tainui, aged 22, a sawmill hand, was remanded on bail to March 20 on a charge of unlawfully interfering with a 'car. valued at $345, on March 6. He pleaded guilty. The defendant got into the car and tried » number of kevs in the ignition. None of them fitted and an associate unsuccessfully tried to cross the car’s wires, said Sergeant Moore. Tainui told the police he intended to abandon tne car two miles away and take the petrol. j Before Mr F. G. Paterson, S.M.) ELEVENTH OFFENCE A man who appeared for sen- : fence on his eleventh charge of ■driving while disqualified in the i last 14 years was sent to prison for six months and disqualified from driving for three years. i The period of disqualification 1 is to be concurrent with preI vious terms impossed. Brian Francis Johns, aged 28. a barman 'Mr J. E. Burke). ' pleaded guilty to the charge of driving while disqualified at Hanmer Springs on November 21. The Magistrate said the defendant had had every opportunity and every leniency of the Court extended to him. It was obvious that he had openly defied the law. the Magistrate said. PROBATION “This insidious disease of alcoholism has undermined your life.” the Magistrate told Ronald Hamilton Harper, aged 54, a company director (Mr B. S. McLaughlin). The defendant appeared for sentence on charges of driving I while disqualified and driving ' with an excessive blood-alcohol

evcl 1242 mgi on December 22. He pleaded guilty to the charges. He was placed on probation for three years, fined a total of S6OO and disqualified from driving for five years on each charge Io be served concurrently with a period of disqualification until 1988. already imposed by the Court. The defendant had several convictions for the same offences but was an otherwise successful and responsible businessman, the Magistrate said. PERIODIC DETENTION Robert Bruce Clark, aged 23, a labourer (Mr S. P. Graham), was sentenced to periodic detention at the work centre for six months and disqualified from driving for one year, when he appeared for sentence on three charges of driving while disqualified. He had earlier pleaded guilty. The periodic detention is to be served concurrently with a term already imposed. “You are building up a list of convictions which can only indicate substantial concern for your misbehaviour,” the Magistrate told the defendant. “The offences are serious and in themselves show defiance of authority.”

■ Before Mr K. H. J. Headifen, S.M.) DISCHARGED Phillip lan Sinclair, aged 18, an apprentice carpenter, was discharged without conviction under section 42 of the Criminal Justice Act, when he pleaded not guilty to a charge of possessing a shotgun except for some lawful, proper and sufficient purpose, on October 11. Constable R. W. Thurston said that about 9.15 p.m. on Octo her 11, acting on information received, he went to an incideni involving a firearm in a house in New Brighton. He went tc the house and spoke to the defendant. Two firearms and e belt of ammunition were found The defendant had said one oi the guns was his and he used il for rabbit shooting. He did no' know who owned the other fire arm. He had the gun in the house in case people came round “to do them in.” “If there is only a few of ui and a lot of them I will poini the gun at them to scare then away.” he had said. The defendant had said h< would not use the gun, onlj point it at the assailants. Sinclair said he had bought the gun through a friend for $l5, t( use for rabbit shooting. He ha< gone to Convoy Street to visi his brother and the gun had beet in his van. He took the gun out of th( van and into the house becausi the van would not lock and h( thought the gun would be taken The Magistrate said he hat taken into account the defend ant’s honesty in admittting hav ing the gon. the fact that hi surrendered it. and that he ha< no previous convictions.