MAGISTRATES COURT Woman to be sentenced in Supreme Court

Press, Volume CXV, Issue 33974, 15 October 1975, Page 13

MAGISTRATES COURT Woman to be sentenced in Supreme Court

Mr E. S. J. Crutchley, S.M., declined jurisdiction when a middle-aged woman appeared for sentence in the Magistrate’s Court yesterday on 45 charges of forgery of cheques for a total of $33,801.

The woman, whose name was suppressed in the interim, will appear for sentence in the Supreme Court on Friday. Her counsel, Mr T. Sissons, said that after discussions with her medical adviser he felt that because of the woman’s health it would be preferable that she be sentenced as quickly as possible. The Magistrate stood the case down until the earliest possible date, Friday, which could be arranged. The Court heard last week that the defendant had been employed in a Christchurch firm and had forged 45 cheques to pay the expenses of a business in which she had bought an interest. SIX MONTHS GAOL A man whose response to periodic detention had been ‘less than satisfactory,” was sent to prison for six months on a charge of theft and two chargges of failing to report to the Adult Work Centre. He is James Michael Thomas, aged 22, who had previously pleaded guilty to all three charges. The theft was of $35 that was taken from a till in the Gresham Tavern on September 1. The Magistrate ordered that the defendant be put on probation for one year after he is released from gaol and to take such psychiatric or other treatment as directed by the probation officer. Mr Hughes-Johnson said the offences were directly related to the defendant’s domestic problems. After his wife left him he became ■'terribly depressed and lost interest in everything.” “What he needs is counselling, and treatment for depression,” said counsel. The probation service could provide this counselling. Concerning the theft. Mr Hughes-Johnson said that another person had been involved in the offence and Thomas had only received $2. The Magistrate said that Thomas had a considerable list of previous offences and had been to Borstal twice. On July 14 he was sentenced to six months periodic detention on burglary charges, and since then had twice failed to report. “No doubt you have had matrimonial problems but the Court must be affected by the probation officer's report which shows that your response to periodic detention has been less than satisfactory.” he said. “And you have yet to show you have any motivation to seek help.” PUNCHED GIRLFRIEND

A youth who punched his girlfriend in the mouth because of » remark she had made, had then picked her up and rung an ambulance, his counsel (Mr C. A. McVeigh) told the court. David John Grant, aged 17. a process worker, was fined $5O and put on probation for 12 months when he appeared for sentence on a charge of assault. Grant, who had pleaded guilty, was also ordered to take a course of education in alcoholism.

Counsel said that Grant had punched his girlfriend when she made a remark about one of his elose relatives. The defendant regretted his actions, and was now back with the girl. Mr McVeigh said. WROTE OFF CAR

A man who drove dangerously at Lyttelton and was later found to have a blood-alcohol count of 246 mg apppeared for sentence on two charges. David Alexander Cook, aged 36, an engineer, was fined a total of $230 and disqualified from driving for 18 months. He was also put on probation for 12 months and ordered to take a course of education in alcoholism. . , Cook iMr L. V. North), had pleaded guilty to charges of dangerous driving, and driving with an excessive blood-alcohol Counsel said that the defendant had been depressed and concerned at his work prospects when the offences were committed on August 16. Cook had worked until 1 a.m. on the morning of the offences, and had then gone home and drunk a “considerable amount. Mr North said. „ . . He submitted that the defendant had suffered considerably from remorse since the accident which led to the charges. Cook’s car had been written off in the accident, and because of his blood-alcohol level, the insurance company had refused to foot the bill, said Mr North.

FAILED TO REPORT On a charge of failing to report for periodic detention. Richard William Goodwin, aged 19 (Mr D. J. R. Holdemessi was sentenced to periodic detention for three months. He had previously pleaded guilty. The probation officer had said that on June 10 the defendant was sentenced to periodic detention for four months on charges of burglary and theft. He faded to report on August 8 or after. Mr Holdemess said that GoodWin and another person decided on the spur of the moment to go to Australia and went there for six to eight weeks. -He decided to come back and appeared in court voluntarily, it was probably one of the most responsible decisions he has made.” counsel said Goodwin still had two months to serve of the original four month sentence.

SMOKED CANNABIS Dennis Edward Marshall, aged 24. a self-employed leath ®£ worker (Mr K. N. Hampton), who had pleaded guilty to a charge of smoking cannabis at Auckland on October 2. was fined s7o.

PROBATION Jennifer Jane McEwin. aged 19, unemployed was put on probation for 18 months when she appeared for sentence on two charges of false pretence and one of burglary.

McEwin. who had P guilty, was also ordered to take auch psychiatric treatment as directed by the probation officer. She was charged with burgling Sadie's Coin Laundry, Worcester Street, on August 16, and cashing valueless cheques for 884.32 and 562.85. Counsel (Mr D. J. R. tiessi said that all three offences had been committed with an associate.

McEwin had two previous convictions for similar offences, Mr Holderness said, but these had been more than two years ago. The Magistrate said he noted that the defendant had had considerable psychiatric problems. (Before Messrs R. H. Harris and K A. Gunn. Justices of the

Peace) SENT FOR TRIAL Pau! Donald Pullan, aged 26, an unemployed driver (Mr C. A. McVeigh), was committed to the Supreme Court for trial, after the taking of depositions on two narcotics charges. He is charged with selling rannabis to an undercover policeman on August 18. and aiding another person to supply cannabis to the same policeman a day later.

The Justices of the Peace al-1 lowed Pullan bail until his trial. | He had been on bail before the depositions. (Before Mr B. A. Palmer, S.M.) GIRL USED MORPHINE A 17-year-old girl was convicted and remanded on bail to October 21 for sentence on a charge of using the narcotic, morphine. The girl (Mr G. R. Lascelles) had her name suppressed in the Interim. She pleaded guilty. Sergeant J. R. Palmer said a police patrol went to a flat in Cashel Street on September 30 after being told that drugs were being used on the premises. The defendant, who was one of several persons found at the flat, at first denied using any narcotics. Sergeant Palmer said. But when the police found needle marks on her arm the girl had admitted using a hypodermic syringe to inject herself with a morphine solution. HAMBURGER BAR ASSAULT Robert Dudley Burns, aged 20, an unemployed scrub cutter, told the police that he had been “in a bad mood” when he assaulted a man in a hamburger bar, said Sergeant Palmer. Burns was convicted on two charges of assault and a charge of using obscene language, and was remanded on bail to October 21 for sentence. He pleaded guilty. Sergeant Palmer said htat at 2.15 p.m. on August 31 the defendant was in the Doghouse Burger Bar, Cathedral Square, when he hit the complainant in the face with the back of his hand. The complainant received a black eye.

The following morning, the defendant telephoned the police and asked to be picked up. He admitted the assault and said that he had been in a bad mood. On September 19, in Cathedral Square, a constable spoke to Bums who was using bad language.

When Bur;’s was told he was under arrest for using obscene language, he punched the constable on the jaw, knocking him back several feet. Burns then wen tinto a crouch and clenched both fists.

The constable drew his baton and aimed a blow at the defendant's shoulder. The defendant tried to evade the baton but was hit on the side of the head, becoming momentarily dazed. AUCKLAND OFFENCES

A man who pleaded guilty to charges of false pretence and unlawfully taking a car was convicted and remanded to October 21 for a probation report and sentence.

He is Ernest Sidney English, aged 23. a foreman carpenter. Sergeant Palmer said that English had appeared voluntarily on both charges, which arose from offences committed in Auckland last year. On March 21. the defendant and an associate had taken a car, valued at $4OOO, from the Panmure Hotel carpark, said Sergeant Palmer. They had abandoned the car after trying unsuccessfully to start it. The following day, English had used a valueless cheque for $68.20 to obtain two airline tickets from Auckland to Christchurch. ASSAULT IN HOTEL Buddy Roger Maui, aged 27, an unemployed labourer, was fined $25 having pleaded guilty to a charge of assaulting Russell Joseph McCarthy in the Zetland Tavern on September 5. Sergeant Palmer said that at 1.45 p.m. the complainant sat down in his chair after completing a game on the pool table in the bar of the hotel. The defendant approached him and hit him in the face with an open hand and then with his fist, causing a bleeding nose. Sergeant Palmer said that the defendant told the police that the complainant had abused him. He said he struck the complainant twice wiht his open hand. Maui told the court that he had been waiting a long time for a game on the table and the complainant had rubbed his name off the blackboard. MAN HIT PROPRIETOR

A man who assaulted the proprietor of a Christchurch hotel later told the police that he had become annoyed at being thrown off the premises. Neville Arthur Collins, aged 30. a factory hand, was convicted and fined $6O on a charge of assaulting Raymond Newman on October 10. He pleaded guilty. Sergeant Palmer said a police patrol had been called to the Excelsior Hotel in Colombo Street about 8.20 p.m. While the proprietor was speaking to the police, Collins had walked up and punched him in the face, Sergeant Palmer said. He said Mr Newman had suffered severe bruising and had required hospital treatment, as a result of the assault. FAILED TO REPORT Patrick Michael Doyle, aged 33, self-employed (Mr M. J. Glue), was fined $25, having pleaded guilty to a charge of failing to report to the Adult Work Centre. The probation officer said that on August 12, Doyle was sentenced to four months periodic detention on two charges of theft. On September 27 he failed to report at the centre at 8.30 a.m. and finally rang the warden at 11 a.m. He asked the warden to be excused as he had an opportunity to make a lot of money. He was apparently in a hotel and was later arrested. Mr Glue said that the defendant lived at Lyttelton and had overslept. When he rang the warden he was told to go to the police station. “My client instructs me that he went to the police expecting a lift to the work centre but got a lift to the central police station, insead,” said Mr Glue. DAMAGED TELEPHONE A 35-year-old man who tore a telephone off a wall during a domestic dispute was discharged without conviction under Section 42 of the Criminal Justice Act. He pleaded guilty to a charge of wilfully damaging the telephone to the value of $5. Sergeant Palmer told the Court that the defendant had gone to a Christchurch address to see his wife, from whom he was separated. . The defendant had been refused admission by the occupant of the house, but forced his way inside. When the occupant attempted to call the police the defendant tore the telephone off the wall. Sergeant Palmer said. The Magistrate said he would not enter a conviction because of the defendant’s age and previous good record. He said it was obvious that the defendant had “just lost his temper” during a domestic dispute.

(Before Mr N. L. Bradford, S.M.) ASSOCIATED WITH GANG A former member of the Devil’s Henchmen motor-cycle gang was convicted and fined <4O when he appeared on a charge of breaching a probation irder made in the Magistrate’s Court last year. He pleaded not guilty'. Selwvn Philip Templeton, aged 19. was put on probation last vear and an order was made by Mr W. F. Brown. S.M.. that he was not to associate with any member of the Devil’s Henchmen. The defendant appeared yesterday charged with continuing

this association with members of the gang at Tai Tapu on July 13-. ....... ..

Constable A. W. Stead said that he was directed to the Tai Tapu garage where a group of motor-cyclists had gathered. He, along with other members of the police, had taken particulars of the group: “There were about nine motor-cycles there.” He had asked the defendant whether the Devil’s Henchmen were together again. "The defendant told me that they were just out for the afternoon, witness said. „ Murray Albert Le Fevre, a police constable, said that lie was responsible for collating information on the two motorcycle gangs in Christchurch. He said that he knew the defendant and other members of the gang to be Devil’s Henchmen. The defendant, he said, had been convicted on several charges whilst a member of the gang. In evidence, the defendant said that he and friends and work-mates had decided to go to Akaroa but had turned back early, as they wanted to be in Christchurch before evening. He said they had stopped at Tai Tapu for petrol and were detained there by five or six police cars. To counsel (Mr A. K. Grant), the defendant said that he had been a member of the gang but at the time of this incident the gang was no longer in operation. The gang did once have a clubhouse. but at the time of the Incident they did not. He said that none of the group had their “patches” (insignias) as they had all handed them in when the gang broke up. Witness said that he had only gone on the trip with the group as he knew they were no longer members of the gang. “I stopped association with the gang after I got three months periodic detention a while ago.” he said. Counsel submitted that this was not a serious offence of its kind and said that several of the group’s members were in fact the defendant’s work mates. He said that the outing had been organised by another person. The Magistrate said that the defendant appeared to have settled down. He appreciated that the defendant would want to be with Iris friends. He asked the probation officer to change the terms of probation. “MAN BUMPTIOUS”

A young man said by the Magistrate to be “arrogant, bumptious, and befuddled by liquor” was discharged under section 42 of the Criminal Justice Amendment Act when he appeared on a charge of obstructing a constable in the execution of his duty. He pleaded not guilty. Sergeant T. Moore said that the police were searching a car in Lichfield Street on July 11 when a young man had approached them asking them if they had a warrant to search the car.

In evidence, Sergeant J. E. Dobbs said that about 12.30 a.m. he was assisting three constables search a Jaguar car for narcotics. He said that while talking to one of the car’s occupants a young man approached the occupant saying “Don't let them search the car.” The man, whom witness recognised as the defendant, had then asked the police what power they had to search the car. He was asked in turn if he had anything to do with the car or if he had been an occupant. "He said he had nothing to do with the car.” witness said. “I told him we could search the car under provisions set out in the narcotics section of the Crimes Act,” witness said. The man had then walked away, but later turned and yelled, “Don’t let them search the car. they have no power, no warrant.” The defendant was then arrested for obstruction, witness said.

After he was arrested by one of the constables, the defendant said that the matter would never get to court because his father “was a friend of Chief Superintendent Twentyman,” witness said.

Giving evidence, the defendant said that he had been at the Adams Apple night club where lie had met several friends, one inside and another at the doorway on the way home. The companion he met at the door had asked the defendant to help him as several of his friends were in strife with the police, across the street in the car park. He had then gone over to the car and asked the police what authority they had to search the car. The defendant said he knew that if the police were to search the car they either had to have a warrant or to quote the portion of the narcotics act to the occupants of the car. They had done neither. Counsel (Mr S. T. Read) said that the prosecution had not proved that a wilful obstruction had actually taken place and said that the defendant was only advising the occupants as to what he thought the law was. The Magistrate told the defendant that, “a man who acts as his own counsel is a fool to his client.” He said that the defendant had been warned to keep away by the police but he had persisted. “You are too big for your own boots, young man,” the Magistrate said. (Before Mr H. J. Evans, S.M.) KAIAPOI CAR TAKEN Glenn Edward Timothy, aged 20, unemployed (Mr T. Sissons), was convicted and remanded on bail to October 23 on three charges. He pleaded guilty to charges of resisting a constable, assaulting a constable and unlawfully taking a car, valued at $6OOO. Sergeant M. L. White said that at 11 a.m. on August 8 a call was made to the Rangiora Police Station about a car in a ditch. Three youths had been seen around it. Two youths were found at the scene, and the third youth (Timothy! was found in a truck with a local farmer. He had asked the farmer to pull the car out of the ditch. At the police station, Timothy refused to go inside and walked on to the road. He again refused to go inside and took a swing at the police sergeant, said Sergeant White. There was a scuffle and the police sergeant received two blows to the body, although lie was not hurt. Timothy could give no explanation for his actions. The car had been taken from Blakeley’s Industries, Ltd, Kaiapoi. AIR RIFLE FORFEITED Two men who pleaded not guilty to charges arising from an incident at Wilsons Road on June 7 were both convicted. Murray Graham Dick, a truckdriver. was fined $2O on a charge of wilfully damaging a car on June 7. He was ordered to pay compensation of $4O,

Anthony John Shipley, aged 19, a butcher, was fined $6O on a charge of discharging a .177 air pistol, with reckless disregard for the safety of others. An order was made for the forfeiture of the air pistol. In evidence, Dick said that he had been at home in bed at 12.30 a.m. on June 7. He heard a car outside and his wife told him it was Shipley. He went outside to see what he wanted. Dick said Shipley rode down the road, turned round and tried to run him down. He jumped back and Shipley continued riding down the road and turned again.

Shipley then fired an air pistol at him. A pellet from the pistol grazed the side of his stomach. Dick said he then threw the top of a letter box at Shipley’s car. Shipley then left. In evidence, Shipley said that he had gone to Wilsons Road to straighten out an argument he had had with Dick’s wife.

Shipley said he pulled up outside the house, then moved on to the corner, turned round and came back. He said Dick then threw something which hit his car. Shipley said he made a “U” turn and came back. Dick had thrown the letter box lid at his car. Shipley said he tried to miss it, then reached to the front seat and got out the air pistol. He fired the gun at Dick.

Shipley said that he kept the gun for short-range target practice. It had not been loaded at the time of the offence, to his knowledge.