MAGISTRATE’S COURT Threats to farmer

Press, Volume CXV, Issue 33962, 1 October 1975, Page 9

MAGISTRATE’S COURT Threats to farmer

An Epitaph rider who threatened to shoot a Belfast farmer's horse, and burn down his house—because the farmer would not sell him firewood—was fined S5O in the Christchurch Magistrate's Court yesterday.

He is Brendon Derek Bould, aged 20, a driver (Mr G. M. Brodie), who had pleaded not guilty to a charge of threatening to damage the property of Ronald Russell Taylor, with a view to compelling him to sell firewood.

Mr P. L. Molineaux, S.M., found Bould guilty after having reserved his decision.

Evidence had been given that on Sunday, April 6, the defendant had gone to the complainant’s farm with others to buy firewood. Bould had helped the complainant’s wife catch a foal which had got loose in the yard. The complainant had then arrived and told the men he did not do business on Sundays. Mr Taylor said that one of the men had then said: “Don’t — round with us sport, we’re the Epitaphs.” Bould had said: "We’ll shoot your horse, and burn your bloody house down.” The men then left after being asked to do so.

Bould had said in evidence that he had thought that, in return for trying to catch the foal, he might be sold some firewood. He was told to “ — off.”

In his reserved decision, the Magistrate said that the complainant had the right to refuse to sell as it was a private business. However, what had to be proved was that the threat was made with a view to getting the complainant to change his mind. What possible intention could the defendant have had “if it was not to strike fear and apprehension in the mind of the person to whom it was addressed,” he said. And the purpose of such fear had been to get him to change his mind. Mr Brodie submitted that an arrangement for supplying wood had been “reached in part,” and that tile complainant had inexplicably back-tracked: “This is backed by the fact that the complainant looked in the van to see how much wood it could take.”

There were two major points to consider, said Mr Brodie. The first which had been accepted by the Court, was that the defendant had not carried out the threat and had had no intention of doing so.

The second was the defendant’s state of mind. After the van doors had been opened, and the money virtually counted out, the complainant had changed his mind. The defendant had then spoken out as the result of anger and disappointment. It was a case of, “Sticks and stones may break my bones but words can never hurt me,” said Mr Brodie. The section under which the charge was laid had been enacted at a time when there was a good deal of trouble with the labour movement, he said, with the unions threatening to do various things to their employers. He had found it difficult to find examples of such a charge being laid outside these guidelines. In sentencing Brodie the Magistrate said that he accepted that it was a “compulsive and foolish” statement made by the defendant. SOLD CANNABIS

Claire Patricia Fawcett, aged 22. a receptionist (Mr G. R. Lascelles), was fined $l5O, and put on 18 months probation, on a charge of selling a stick of cannabis. She had pleaded not guilty. As special probation conditions, she was ordered to attend a clinic of the National Society for Alcoholism and Drug Dependence: to take such medical treatment as prescribed; to work where directed; and not to associate with persons disapproved of by her probation officer. Evidence had been given that the defendant sold a cannabis stick for $ll to an under-cover policeman. Mr Lascelles said that she had not Initiated the sale nor had she even had a stock of cannabis to draw on to do this. She had merely set about making inquiries to get the cannabis. She

had not done it for commercial gain. The Magistrate said that he had decided against sending her to prison because of her crises of depression, because she had a child to support, and because ; of the small amount of cannabis I involved.

However, he said, it appeared she was a “link in the chain” in the selling of narcotics. Her involvement was the “tip of the iceberg.” He declined an application for suppression of name because of the nature of the offence and the public interest, he said. Her name had been suppressed in the interim. (Before Mr E. S. J. Crutchley, S.M.) HAD SAWN-OFF RIFLE When police executed a search warrant on the defendant’s house they found eight tablets of lysergide in a matchbox, and a sawnoff rifle in a paper rubbish bag, said Detective Sergeant M. J. Muddiman. The defendant, aged 17, pleaded guilty to charges of possessing lysergide and possessing an unlawful weapon — a Sterling sawnoff .22 semi-automatic rifle. His name was suppressed in the interim, and he was convicted, and remanded on ball to October 7 for sentence. The search warrant was executed in early September. Detective Sergeant Muddiman said. The defendant told the police that he had bought the lysergide from a man the previous evening. It was for his own use. He had bought the rifle some time before from another man in the Gresham Hotel. At $2O he had thought it was a bargain. The barrel! had already been sawn off, and the serial number filed off. the defendant had said. Mr A. W. Robinson, in mitigation, said that there was no suggestion that the rifle was stolen property. Nor was there anv suggestion that the defendant intended to sell or supply the lysergide to others.

Counsel asked for interim suppression because the defendant thought that publication of name , would lead to his dismissal from his apprenticeship. PUNCH HIT TAXI On charges of assault, and wilfully damaging a car door. Pene Shane Lindsay Walters, aged 28 (Mr M. J. Glue), was convicted, and remanded on bail to October 7. He pleaded guilty. Detective Sergeant Muddiman said that at 7.45 p.m. on September 15 the defendant, *and a friend were waiting for a taxi after leaving the New City Hotel. When a taxi arrived, the complainant stepped forward, thinking it was for him. The defendant said the taxi was his and hit out at the complainant. The punch missed, and hit the taxi door causing damage of $4O. Walters then started to kick the complainant, and caused grazing to his forehead. When Interviewed Walters said he remembered the fight but could not remember kicking anyone. PUNCHED GIRLFRIEND A youth who punched his girlfriend because of a remark she had made about a relative, was convicted on a charge of assaulting a female, and remanded on bail to October 14 for sentence. He is David John Grant, aged 17, a process worker (Mr C. A. McVeigh), who pleaded guilty. Detective Sergeant Muddiman said that about 11 p.m. on September 20 the defendant, and his girlfriend, started arguing after they left a hotel. When she made a remark about one of his relatives he punched her in the mouth. She was knocked unconscious and was taken to hospital. Grant told the police that the two of them had drunk four jugs of beer in the hotel. When she later made her remark he got angry and hit her. Their relationship was now finished, said Detective Sergeant Muddiman. TWO CHARGES A man who was found by police to be wearing a stolen jersey when he was being interviewed on another matter, pleaded guilty to charges of burglary and receiving. Brian Alfred Michael Lawson, aged 36, a furnace operator, was convicted of burgling .Wigram Services, Ltd, and receiving property worth $146, the property of Canterbury Bye Products Company, Ltd. He teas remanded to October 7, for a probation report and sentence. Detective Sergeant Muddiman said that, as a result of an interview on another matter on August 19, the defendant was found wearing a jersey which had been stolen from the’ complainant firm. The defendant said he had lent a friend his car and it had been returned with the goods in it. He helped to unload the car, and kept some of the property for himself. PERIODIC DETENTION Wayne William Maddock, aged 22 (Mr A. K. Grant), was sentenced to three months periodic detention, when he appeared for sentence on a charge of failing to report for periodic detention on June 7. He had pleaded guilty. The court was told earlier that Maddock was sentenced to four months periodic detention on April 28 on a charge of threatening to kill. He had not reported since June 7. Mr Grant submitted that crimes committed by the defendant over recent years were largely due to alcohol, and his domestic situation. Maddock had no excuse for not attending periodic detention, although alcohol could have contributed to this, said Mr Grant. The Court had been lenient to Maddock, and he had abused it. However, the defendant now felt he had his alcohol problem under control, and had impressed his employer. Maddock had been offending over the last four to five years, said the Magistrate, and the courts had extended considerable leniency to him.

He had received probation and periodic detention. If it had not been for submissions made by the probation officer, and his counsel, Maddock would have been sent to prison, said the Magistrate.

SENT TO BORSTAL Donald John Fox, aged IS, a farmhand, was sentenced to Borstal training after being convicted on two charges of burglary. Fox (Mr D. J. R. Holderness) had pleaded guilt}' to charges of burgling the office of Architectural Windows, Ltd, Oxford Terrace, on September 14, and burgling the office of Powell Fenwick and Partners, Victoria Street, on September 13. Counsel told the Court that over the last few months the defendant had built up an “unenviable” record of offences involving dishonesty.

A psychiatric report had shown that Fox suffered from a mental disturbance, and did not know why he had committed the offence, Mr Holderness said. The Magistrate noted that Fox had several previous convictions for burglary. Under the circumstances, he had no alternative but to impose a sentence of Borstal training. DISQUALIFIED DRIVER A youth who went for a “joy ride” while disqualified from driving was sentenced to three months periodic detention and disqualified from driving for a further six months. Mark Anthony Giles, aged 17, a baker, had pleaded guilty to a charge of driving while disqualified. Counsel for the defendant, Mr A. K. Grant, said that this was the only time Giles had driven during the period of disqualification. He said that disqualification could prevent the defendant from seeing the young woman whom he intended to marry next year. The Magistrate told the defendant that young men used to travel up to 20 miles on horseback or bicycle, just to see a young woman. RECEIVED TYRES Wayne Brian Turnbull, aged 52, a storeman, pleaded guilty to a charge of receiving four car tyres, valued at $216. He was convicted, put on 12 months probation, and ordered to do 80 hours of community work.

Detective Sergeant Muddiman said that the tyres had been stolen on April 21, and were easily Identified because they were an uncommon type used on large American cars. Mr Muddiman said that the defendant admitted to the police that he had tried to sell the tyres to a local firm for $l5O. He said he was selling them for a friend and denied knowing that they had been stolen. For the defendant, Mr M. G. I. Loughnan, said that Turnbull had had great difficulty in meeting maintenance payments, as he was earning less than be was when’the order was made. STOLE GOODS Two men who pleaded guilty to charges of stealing goods valued at $58.05 from Woolworths (N.Z.) Ltd, High Street, on August 29, were convicted and remanded to October 7. William George Braithwaite, aged 45, a sickness beneficiary, and Thomas Henry Pink, aged 45, a factory worker (Mr C. K. Steven for both) were remanded on bail. Detective Sergeant Muddiman said that at 8 p.m. the defendants entered the store and took goods including a vinyl bag, cigarettes and shirts, from various counters. Braithwaite had refused to accompany the store detective, and denied taking the articles. He said he had been assisting a friend. Pink was under the influence of liquor al the time of the offence, and could offer no explanation.

FINED $l6O Marion Honatana, aged 21, a factory hand, was convicted on two charges of obtaining credit by false pretence and fined a total of $lOO and ordered to pay compensation of $30.16> She had pleaded guilty. The offences involved toll calls that the defendant charged to another person’s account. PROBATION A woman who stole a parcel from the television room at the Russley Park Motor Camp on August 13, appeared for sentence on a charge of theft. She had pleaded guilty. Peggy Susan Cameron, aged 21, a housewife, was put on probation for 12 months. Sergeant B. G. Saunders said earlier that the parcel contained a child’s sheepskin coat, valued at $l5. The defendant did not know why she had taken the coat. (Before Mr W. F. Brown, S.M.) FIVE CHARGES "This is your last chance,” the Magistrate told Peter Lindsay James Whitworth, aged 22, unemployed, in sentencing him to six months periodic detention on five charges. Whitworth (Mr K. N. Hampton) had pleaded guilty to charges of burgling the North Canterbury Hospital Board blood bank, Cashel Street, on June 5; wilfully trespassing on premises in Armagh Street on September 6; possessing cannabis on July 8; and smoking cannabis on July 7. He had pleaded not guilty but had been convicted on a charge of burgling the house of James Crichton, Bristol Street, in December. Counsel submitted that although Whitworth had not responded well to probation, sending him to prison would not improve his attitude. “I believe that a term of imprisonment at this stage would accentuate the regrettable traits in Whitworth’s character,” Mr Hampton told the Court. The Magistrate said he was prepared te gibe Whitworth a ’last chance.” If the defendant failed to attend work centre or committed a further offence involving dishonesty he would certainly be imprisoned.