MAGISTRATE’S COURT Man gaoled for 2½ years for attempted robbery

Press, Volume CXVI, Issue 34047, 10 January 1976, Page 15

MAGISTRATE’S COURT Man gaoled for 2½ years for attempted robbery

A man "h<» during a phoney drug deal pointed an air pistol at another ' man and asked for a bag ’ containing $4200. was sent to prison for two i years and a half, when he appeared for sentence before Mr N. L. Bradford jn the Magistrate’s Court yesterday. The detenuant. Rubin Francis Gien. aged 23, a wine steward, had earlier p eaded guilty to a charge of attempting to rob Michael Twist of $4200 un Johns R.>ad on November 29. , Counsel (Mr R. J. Murfitt)urged the Magistrate to im-| pose a sentence of periodic detention. The Magistrate said that he could not agree with counsel’s submission and considered periodic detention i inappropriate It was clear it was a wellplanned. premeditated rob- ’ bery attempt, he said Sergeant J. R. Palmer had ■ earlier told the Court that an associate of Glen had,' telephoned him from Wel-j' lington to say that he had alfriend who wanted to buy' 2VOO cannabis sticks. Three weeks later, on November 29. Glen met his, associate and Mr Twist at the airport. Glen took Mr Twist to Johns Road to get the cannabis from some bushes. Half-way between the car and the bushes. Glen went back to the car and got a revolver that fired lead pel-; lets. Glen asKed Mr Twist for, the bag containing $4200 but the complainant ran off with the money, said Sergeant Palmer. The slug gun had not been loaded with pellets and thei only drug trafficker involved j was the complainant. Mr, Twist, said counsel. Mr Twist had been only , ready t<> buy 2000 can-: habis sticks. The offence had been a “hair-brained idea” to teach Mr Twist a lesson. The defendant had potential. although no qualifications and little incentive.! He had got into a mono-: tonous and isolated style of 1 life and it was quite clear some stimulation was! needed, said counsel. The offence was in a very; serious category and would! ordinarily call for imprison- ■ ment, counsel said. There' were, however, three reasons! why the offence was differ- 1 ent. It had been a fanciful attempt to commit a crime; and it had been thwarted by;the victim’s departure from! the scene. No violence had been inflicted on the complainant; and the threat offered had been an empty one. The offence had not been committed against the public at large but against a person; ready to undermine the pub- ! he good. It was readily distinguished from an ordinary robbery , said Mr Murfitt. Glen had been armed witha gas-operated pistol of .38 calibre, and that was quite a weapon said the Magistrate.il It. was not in the slug gun! variety. Any pistol capable', of discharging a .38 calibre! sb'g was a lethal weapon. The Magistrate said he disagreed the offence was a fanciful attempt. It was a serious attempt of robbery. ! “The presence and use of I a firearm is a serious and 1 disturbing fact and one in, which, the Court takes a; most serious view.” he said. CAFE ROBBERY A young girl who robbed Marion Grace Cowlishaw of] $2O. while two other females: hit the complainant repeatedly with a wooden shoe, about the head, was re-j manded to January 16, in] custody, for sentence. The Magistrate ordered that the defendant, Karen' Marie Shaw, aged 17, be kept away from adult pris-i oners during the period of I the remand. The defendant pleaded guilty to charges of robbery I and theft. Sergeant J. R. Palmer said! that on December 17, the defendant and a companion went to Sapphire Jewellers. Ltd. in the city. She asked to look at a selection of nngs contained in a box. She dropped this. When she helped pick the rings off the floor, the shop assistant noticed two rings were missing. The defendant denied taking them, and ran from the shop, hitting the com-: plainant as she went. She was later located nearby by the police. When questioned, she admitted the offence. Sergeant Palmer said that] later the >ame day the defendant and two companions went to a coffee lounge in Chancery Arcade. One of the girls asked for r key to go to the toilet. When returning the key to

the back of the shop the] complainant was beaten by I two of the girls and the defendant took $2O from the till. The shop assistant was hit ■ about the head and face : with a large wooden soled: shoe, said Sergeant Palmer. She suffered severe bruising, and a large gash to the head as a result of the attack. When questioned. the defendant said that she had; no idea that her friends; were going to use violence in the robbery. She said they had gone to the shop with the intention of steal--ing money. I At the time of the arrest! 'the defendant had $lB in her, possession. She said that: when she saw the complainant being hit she grabbed the money and ran. SIX MONTHS GAOL “In October you were sentenced to six months gaol for. unlawfully taking a car,” the Magistrate told Joseph Ngaika, aged 23, a cable layer. “No sooner are you out than: you offend again.” Ngaika, who had pleaded! guilty to two charges of theftand a charge of unlawfully' getting into a car was sentenced to another term of six months imprisonment. On January 1 Ngaika had taken property from two cars, one of which he tried to start with a key he had. MOTOR-CYCLES STOLEN ; Two motor-cycles and other items, worth a total of $3BOO, were taken in the burglary of a city motor-cycle shop on, December 29. the Court; heard. However, most of theproperty was later recovered; and four young persons were charged. Two of those arrested, pleaded guilty to a charge of burgling Norjo Motors, Ltd,! 834 Colombo Street. They are! Robert Peter Stephen Gibson, ; aged 20. and Grant Paterson, aged 17, both unemployed. Gibson, who pleaded guilty: to a charge of breach of pro-i bation. was convicted and re-j manded in custody to January: - 16 for sentence. Paterson, who was to have travelled to Auckland to take up an apprenticeship as an: electrician on January 19, (was put on probation for 18 'months and fined $3OO. Paterson and an associate went to the motor-cycle shop about 12.30 a.m. on December 29, said Sergeant Palmer. 'They climbed on the roof and were trying to break inIto the building when Gibson; larrived with his girlfriend.' They had all come from a nearby flat. Gibson wept back to the! [flat and brought back a hack-1 saw. a crowbar, a screw-! ‘driver. and a pair of pliers, all of which he gave to PaterIson and his friend. Thev eventually got into; the shop and armfuls of' boots, jackets and crash hel-: mets were passed over a fence to Gibson, who carried the goods back to the flat. Gibson later helped to, wheel two motor-cycles from] the shop to the flat. When he was questioned by the police two days later. Gibson had admitted the offence and said! he wanted a motor-cycle of! this own. ; Paterson, when questioned.: ‘could give no explanation for; his actions, said Sergeant: Palmer. Mr N. R. Davidson, counsel! for Paterson, said that the' defendant had come to Christ-, church with two other per-' isons from Auckland, threei weeks before. His parents bad given their 1 ipermission for his trip but been aware of one of his travelling companions. This’ person had a record, said . counsel. it was this same person, who raised the idea of the burglary- to get jackets and, 'helmets. Paterson was not in-, terested in the motor-cycles; and was not involved in their! ,thef‘ RECEIVING A youth who pleaded guilty to a charge of receivj ing property valued at $7OO, after it had been stolen by other youths from Norjo (Motors, Ltd. Colombo Street, -was convicted and remanded ■on bail to January 15.

He is Laurence Terence I Goodger. aged 18, a ventilailtion fitter. • Sergeant Palmer said that at 12.30 a.m. on December 29, the defendant was at y home in Colombo Street. (Two flatmates left intending . ito break into Norjo Motors. >, Another vouth left soon I after. The youth returned at 1.30 ; a.m. with crash helmets and i; jackets and told the defend;jant that help was needed. > The defendant put the stoi len goods into a van and j brought it back to the flat. . Property valued at $3BOO ' was stolen, and a majority tjof this had been recovered, r i said Sergeant Palmer. J The defendant was later . located at Darfield and $7OO , worth of property recovered. He admitted his part in the offence and said he did not want to sell anything but ’ wanted to keep a jacket and gloves. CAR OFFENCES Peter _ Raymond Whall, paged 17, unemployed, was convicted and sentenced to 1, detention centre training on titwo charges of unlawfully ’ ' interfering with a car, and -charges of unlawfully getcjting into a car and theft. He had previously pleaded: ilguilty to all charges. ,' The Magistrate said that tthe defendant had a long list of convictions. Detention • centre was the only alternarj tive. DETENTION CENTRE A youth who broke into a ’!car at Kaiapoi and took a tj doctor’s bag hoping it coni'tained drugs, was sentenced! I;to detention centre training. ?! The youth, Stephen Ross Kitto, aged 18, a freezing ■ worker, had earlier pleaded f! guilty to charges of theft, • (unlawfully interfering with - a truck and unlawfully tak- • I ing a car. ■ j Sergeant R. H. Prouting jsaid earlier that the bag had •’i contained personal papers, pills and medical equipment. ■(When no drugs were found •‘the defendant had thrown all the equipment into the Wai--iimakariri River. -i On November 28, when: ’lthe car in which the defend-1 • ant and friends were trav-[ felling, got a flat tyre an-i other car was taken. The 1 ■! window in a truck was ’ smashed so the car could be r; moved. f I YOUNG OFFENDER Anthony David Trowr bridge, aged 16, who had :been remanded from the [ Children and Young Persons Court; was sentenced to deMention centre training on [[nine charges. He had admitted two] charges of burglary, four of: [I unlawfully taking cars, and charges of theft, disqualified ( :driving, and unlawfully getfl ting into a car. “You need a short, sharp ■: lesson at the detention I-centre,” the Magistrate told ' the defendant. After that he might “learn his lesson” and return home to live a useful ' life with his mother. • FOUND IN GARAGE I David Owen Williams,! [[aged 20, a factory hand, who! fihad pleaded guilty to a* (charge of being unlawfully! on premises in Reaby Street, 7 was put on probation for a J year with the condition hej do 100 hours of community! I (work. >- Williams had been found . in a garage and had threat-i . ened the owner. He later; • [told the police he had been' [looking for a toilet. r - The Magistrate said that J the defendant was yet an- ; other person to offend while .[affected by alcohol. 1 ATTEMPTED BURGLARY A man described by his! t counsel (Mr M. J. Glue) as j'having an acute alcohol ‘-problem, was convicted and [put on probation for 18 ’ months and ordered to do r iloo hours community work, [ on a charge of attempted burglary. i Michael James Joseph . Whiteford, unemployed, had , earlier pleaded guilty. Counsei said that it was in no > way suggested by the police , that the defendant had a i drug problem. Whiteford had been under stress when he went to the hotel and he had become [very intoxicated. He had allowed a friend to drive his wife’s car to New Brighton, said Mr Glue. Once there Whiteford had in no way participated in the act of the burglary of the pharmacy but had' merely been present during the! -icommission of the offence. 1 “This is my client’s first /; conviction for dishonesty ,;and the few days he has J spent in custody have been i a great shock to him,” said j:Mr Glue. The Magistrate said he j!fully accepted what counsel had said and decided not to : impose a prison term as, ; f would normally be the sen--1 tence. BURGLED HIDE SHOP ‘ John James Cullen, aged ‘24, a bakery worker, was r [put on probation for 18 [months on a charge of burogling the Hide Shop, Corllombo Street. He had t pleaded guilty. 3 Counsel (Mr M. J. Glue) L said that liquor had been a -motivating factor in the -[offence. The defendant had i recently had large financial 1 worries when his business collapsed. He was now working rj seven days a week, and had si to support three young ’[children with another one 1- expected, counsel said. i The Magistrate said that 'in view of the defendant’s;

; efforts to resolve his financial worries and that it was ■ his firt conviction, probation; l was a suitable sentence. TWO THEFTS Heather Constance Wright. ' aged 33. a solo parent of [four children, was put on 1 probation for 18 months, on I two charges of theft. She] had pleaded guilty. Wright stole goods, valued at $5.89 from two Merjvalel shops on December 16, the Court hard heard. REFUSED BLOOD SAMPLE Murray Kenneth Wilson,, aged 26, a wire drawer was put on probation for 18 months, ordered to do 100! hours of community work and disqualified from driving; for two years, when he appeared for sentence on al charge of refusing to give a blood specimen to a police' constable on December 13. i He had pleaded guilty.