MAGISTRATE'S COURT Probation for man who struck two – month – old boy

Press, Volume CXV, Issue 33932, 27 August 1975, Page 11

MAGISTRATE'S COURT Probation for man who struck two - month - old boy

A man who tried to hit his de facto wife. and. hit his two-month-old son instead was put on probation for two years when h e appeared for sentence before Mr F. G. Paterson, SAI., in the Christchurch Magistrate’s Court yesterday.

William Takaratua Hnna aired 25 a shot Hona, ag«i a snot blaster (Mr D. H. Stringer), had previously pleaded guilty to a charge Of injuring his son under circumstances I'A”’ suited, he would have been guilty of manslaughter. He was con- . . “4 VlCtefl.

As a special condition of probation, the Magistrate ordered that the defendant attend, by appointment, the National Society for Alcohol and Drug Dependence Centre to follow treatment as directed. He was also ordered to undertake 200 hours of com* munity work. Sergeant I. M. Gardiner had earlier told the court that the defendant was interviewed on June 23 by the police after they had received information that a baby had been admitted to hospital with a fracture of the skull on June 21.

Mr Stringer said that the defendant had no intention of hitting the child, and had felt unhappy about it. The incident occurred when the defendant, and his wife, were arguing while she held the child in her arms.

The defendant was a good father - ««’ helped look after |he bab The , ' lapw in hts character could not be ex. plained, Mr Stringer said, gave himself up Anthony Murray Evans, aged ajSTSMSfiS H Sf-wsisic ho pleaded guilty to a charge *^ e ntre? U wit? ’"tent to commit a crime Detective Sergeant Muddiman said that the premises were broken into in the early hours of August 11. Goods including two ear radios, a tape recorder, a shotgun and several motorcycle jackets, to a total value of SBM, were stolen. Shortly after the defendant called at the Chrlstchureh Cenitral Police Station saying that he wished to confess. He said he had driven two people to the scene, but had waited in the icar while they broke into the building. He then took them to a place where the goods wore concealed. For the defendant, Mr C. B. Atkinson said that his* client’s part in the offence was peripheral and that he had gone voluntarily to the police to give himself up.

THEFT FROM SHOP Margaret Anne Lew, aged IS, an unemployed nurse-aid. was convicted and put on probation for 13 months and ordered to do 48 hours of community work when she pleaded guilty to a charge of stealing one packet of cheese and one packet of dates, valued at $l.lB, the property of Merivale Supermarket, Ltd. Detective Sergeant Muddiman said that on August 23 the defendant and a friend went to the supermarket to shop. The defendant put a packet of cheese in

her own bag, and the dates in her friend’s bag. They paid for other groceries as they left, but did not pay for the dates and cheese.

The defendant told the police she thought she would "rip them off.” "SHORT OF GEAR" A man who told the police that he had burgled a house because he was “short of gear at the time” was sentenced to six months periodic detention. Frederick Shepard Maaka, aged 24, unemploved, had previously nleaded guilty to a charge of burglary. He was ordered to pay $3O restitution for unreeovered stolen goods. The Magistrate said that the defendant was sober at the time of the offence, hut was in a depressed state. The defendant should take the advantage to be treated for his alcoholism. The sentence was to be served eoncurrentlv with an earlier sentence of periodic detention, but would have the effect of extending the first for one month, he said. FAILED TO ACCOUNT Murray Graham Dick, aged 21 a driver, was sentenced to periodic detention for six months put on probation for 18 months and ordered to pay $383 In restitution when he appeared for sentence on a charge of stealing ’383.22 by failing to account for It. He had previous! v pleaded guilty and been convicted. The court had previously been told that the defendant had delivered a truckload of liquor to the inter-island ferry Rangatira. and received $383 tn payment.

He had forgotten to give the money to his employer, and had later used it to buy a car and to leave Christchurch.

Mr D. H. P. Dawson said that the theft was not premeditated. The defendant had simply forgotten about returning the money, and when his home sltuatlon had got bad, he had decided to use it to get away from Christchurch. PROBATION WORK Martin Biddle, aged 29. a labourer, was put on probation for 12 months and ordered to do a total of 100 hours of community work when he appeared for sentence on four charges of theft from shops. Biddle had previously pleaded guilty and had been convicted. In passing sentence, the Magistrate said that the defendant had made a voluntary statement to the police concerning the thefts, because he had a troubled conscience. This was to his credit. DRINKING DRIVERS Marin Lindsay Cappie. aged 20 unemploved, was convicted and fined $lOO and disqualified from driving for nine months when he nleaded guilty to a charge of driving with an excessive blood-alcohol level (159 mg on lune 12.

Earl Malcolm Chapman, aged 21, a truck driver, was convicted and fined $l3O and disqualified from driving for nine months when he pleaded guilty to a charge of driving with an excessive blood-aleohol level <l72mg) on July 19. Derek John Hiekman, aged 25. a fitter and turner, was convicted and fined 8125 and disqualified from driving for six months when he pleaded guilty to a charge of driving with an excessive blobd-alcohol level H4Bmg' on July 18. (Before Messrs J. Green and H. W. Dqar. Justices of the Peace.) Two men were committed for trial In the Christchurch Supreme Court on a charge of assault when they appeared be. fore Messrs J. Green and H. W. Dear, Justices of the Peace, lb the Magistrate's Court at Christchurch yesterday. ’ Michael Albertus Schiphorst, aged 19. a soldier, of Christchurch, and David John HiJI, aged 19, a soldier, of Trentham Military Camp, pleaded not guilty to a charge of assaulting David John Benton, aged 19. They were remanded on ball. In evidence Benton said that on the evening of May 28 he and Ns girlfriend were sitting tn a car outside Warner's Hotel in Cathedral Square. They were waiting for his friend, who was in the hamburger bar at the corner of the hotel. He said that a number of men, whom he had seen at the bar, said something to him from outside the car. He could not say whether the men were in court or not. He opened the door to hear what they were saying. They then started puncNng him, he said. He reached into the glovebox, which contained a rabbiting knife that had been put there, aa he and Ns friend were going, rabbiting the next morning. He waved the knife about to frighten the men away. He, told his girlfriend to reverse the car to get away from them. The car reversed and he closed the door. The friend then came out of the shop and they drove away. Another witness said that he was In the hamburger bar with the defendant, SeNphorst. at the time.

He said a person pushed between them while going out of the shop. He did not know if he had seen the person at court. The defendant. Schiphorst. said to witness. "Here’s a go.” Schiphorst went outside and looked into a car parked beside Ns car. He said Schiphorst called out "Do you want a go, mate.” Witness said that Schiphorst threw a punch at the man. A fight followed. Witness went to the other side of the car and when he came back, Schiphorst showed Mm a stab wound under his shirt. Schiphorst was taken to hospital. (Before Mr W. F. Brown. S M.) CAUSED DEATH A young man who was charged with causing the death of a 1 Ci-year-old girl by carelessly using a truck was convicted, and fined $l5O, and disqualified from driving for 18 months. Leicester John Smith, aged 22, a farm contractor, pleaded not guilty to the charge. The defendant told the Court that he had been travailing along the Main West Road towards Kirwee about 4 o.m. on April 22. Ha was travelling about 30 to 35 miles an hour. When he turned the Aylesbury comer the sun was directly in nls eyes and was dazzling his vision so he slowed down to about 25 to 30 mites an hour. The sun was affecting Ns visibility in patches, he said. He travailed along the road tor two or three miles when he was suddenly dazzled by the sun, and at the same time

caught a glimpse of a bicycle directly in front of the truck. He swerved but did not have enough room, and si ruck the, cycle, causing the cyclist to be thrown to the ciound, be said. He said he did not see the | cyclist until she was directly in front of the truck. Two defence witnesses Mr D N. Evans and Mr B H Walker, who had been driving along the road at the time of the accident, testified that because of the sun. good vision was ven’ difficult on that day. Chief Traffic Officer E. N Dunlop said that he had inspected’ the cab of the truck after the accident and found the windscreen to be covered with grime, road film and dust. It was almost impossible to see for more than 109 to ISO yards, he said. The prosecution produced photographs of the windscreen as evidence. Edward Thomas Smith, th. | father of the defendant, said that he did not consider the i windscreen to be dtrty when he drove the truck home the day, alter the accident. H. -.id that truck was washed regularly The Magistrate said that from the evidence he found the windscreen to be dirty The vehicle should not have been on the road because of the dirty windscreen. "With a dirty windscreen, and being virtually blinded by the sun, this man maintained a speed of 25 to go miles an hour for two to three miles. The average motorist In these conditions would have slowed down to a crawl. In this dazzling light, what chance would he have had to stop If he had (ten something?" the Magistrate said. "I am left with no doubt that this motorist drove too fast for the prevailing conditions at the same time, out I am prepared to accept that he is very upset by thia unfortunate incident,” he said.