MAGISTRATE'S COURT Four months in gaol for “unprovoked” assault

Press, Volume CXVI, Issue 34104, 17 March 1976, Page 10

MAGISTRATE'S COURT Four months in gaol for “unprovoked” assault

‘‘To kick someone on the ground with hobnailed boots arouses a feeling of abhorrence." Mr W. F. Brown. S.M., isaid in the Magistrate’s •Court yesterday when gaoling a youth for four months.

The youth, Michael Clifford Tawha, aged 18, a labourer, was appearing for sentence on a charge of assaulting Barry Malachy 1 Newell with intent to injure, lin a hamburger bar on Deicember 8. Tawha pleaded guilty. Mr P. H. B. Hall, I for Tawha, said that although this was a serious ; assault which the police said Iwas unprovoked, he. had ibeen instructed by his client That the complainant had made a racially derogatory I remark.

Tawha was not the onlyperson who had assaulted the complainant. One of his friends had struck him with a crash helmet. At the time Tawha was grossly intoxicated. He had a very quick temper and was of low intelligence. He came from a disadvantaged background. He had been to Borstal, but that had failed to rehabilitate him.

Tawha recognised that he had a problem because of his low tolerance threshhold and was willing to take treatment. He, had a number of convictions but was a good worker, Mr Hall said. After the Magistrate said that the police statement of facts disclosed that Tawha committed an unprovoked assault, Mr Hall said that Tawha was not certain if the

complainant had made the: provocative remark. The Magistrate said that Tawha’s case had given him a good deal of concern He was very conscious that Tawha was only IS, because the Courts were not supposed to imprison persons, under 21 unless there was no alternative. The statement of facts showed that Tawha, his, brother, and a friend had been drinking at a hotel. When they left about 10 p.m. Tawha was in a very’ aggressive mood, and was looking for someone to fight. They went into a hamburger bar and Tawha punched the complainant about the face and body. His brother restrained Tawha, and then his friend struck the complainant some vicious blows with a crash • helmet. While the young man was ilying on the ground Tawha went over to him and forcibly kicked him in the face. Tawha was wearing heavyreinforced yvork-boots. He was then pulled away by his brother, and all three ran off.

The complainant was admitted to hospital suffering from extensive injuries. Seven of his teeth were knocked out. He spent several days in hospital, and was off work for some time.

When seen by the police, Tawha said that he had become impatient because of the lack of service, and he thought that the complainant had laughed at. him. Several persons witnessed the assault, and there was no evidence from any of them of provocation. He did not accept that there was any real provocation, the Magistrate said.

If Tawha had been older and of greater intelligence, he would have been sentenced to a year’s gaol, said the Magistrate. The prison term is to be followed by a year’s probation. “A SAD CASE” A woman, whose name was suppressed, was put on probation lor 18 months and was ordered to take psychiatric treatment on a charge of assaulting her four-year-old daughter, under the Crimes Act, on February 2. M’he police statement said that the woman beat the girl, so severely with a vacuum cleaner hose that she was admitted to hospital with a bead injury and bruises on her arms, thighs, and back.

Mr T. M. Abbott, for the defendant, said that, it was a tragic incident. She had committed a serious assault on her young daughter, who had suffered substantial injuries, but .she was now making a good recovery. The assault occurred because the woman was under considerable stress. Her husband had been working long hours. Iler daughter was a difficult child. The woman could not get through to her what she wanted her to do. The defendant’s two daughters had now been placed in a foster home. Tile woman realised tliat she had done wrong, and the fact that she had injured her daughter had • played on her mind. She was a first offender, Mr Abbott said. The Magistrate said that the woman had beaten her child while she was in a highly-strung and desperate state. It was a sad case. She was 39 and was a first offender. (Before Mr B. A. Palmer, S.M.) TWO ASSAULTS A man who punched another man in the face several times I and also kicked a woman in the I stomach during a social function i was convicted on two charges of I assault. ' Keith David Ferguson, aged 26, a pelt grader, pleaded not guilty to charges of assaulting Terrence Edward Haugh and Charmayne Maree Haugh. He was fined $5O on the charge of assaulting Mrs Haugh, and $75 on the charge of assaulting Mr Haugh. S4O of which was to be paid to Mr Haugh. Evidence was given by Mrs Haugh, that she and her husband were dancing near the defendant when he was seen to push

into one of the people dancing with them The defendant then! pushed into her busband, ano lie told the defendant to -‘keep it' quiet. The defendant punched tier husband in the face six times, and lie fell back into the band, -aid witness T went to see if he was okav. and I got knocked down b- all the people milting round. I went to get up. he kicked me down aagin When I got up be punched me In the face with his fist." The defendant gave evidence that Mr Haugh took a swing at •him. -o he retaliated b? hitting I him once ot twice He denied 'kicking Mrs Haugh at ant stage Tire' defendant and ins wile ' both sjave evidence that the de'fendant was attacked and 'punched about b\ about I<‘ n ]f n las thev were coins down the stans from the hal’.. Counsel iMr M -I Glue• said the incident was symptomatic of frustration on the part of ; fendant. The incident started as , a little harmless jostling with no iill intent. Counsel also said that the defendant had already received a i fair .amount of punishment from i the “roughing up” on the way I out. BURGLARY Tana Michael Panapa. aged 19. i unemployed, who pleaded guilty ' to a charge of burglary, was convicted and remanded to March 23 for sentence. Sergeant B. G. Saunders said the defendant had broken into a house tn Cambridge Terrace on November 1. Entry had been gained by reaching through a fan-light window and opening a casement window and climbing through. , __ n A gold watch, valued at $BO. was stolen and restitution for this was sought. No damage was done tn the premises. (Before Mr E. S J. Cnitchley. S.Mj PUNCHED, KICKED ' An JB-year-old youth pleaded guiltv to a charge of assaulting Grant Andrew Makat on December 1. 1975. He is Reginald U alter Rum Hutana. a freezing worker (Mr R. F. B. Perryl. who was convicted and remanded in custody to March 23, for sentence. Sergeant Prouting said the complainant was at borne when some youths arrived. The defendant accused the complainant of breaking into a house at Pines Beach, which he denied. The complainant was knocked to the ground, from his motorcycle. He was kicked in the face, siioulders and arms. When got to his feet, he was hit again by two others, said Sergeant Prouting. As a result of the assault, Mackay received medical treatment to both eyes and had lacerations to his face and Up.' OFFENSIVE WEAPON

David William Hannington, aged 17, a workman, who had a pick-axe handle in the Square at 5.10 a.m. on December 27. was fined $3O on a charge of having an offensive weapon in a public place. He pleaded guiltv. Counsel (Mr D. I. Jonesi submitted that the defendant had been “fooling around” with the .axe handle when the police saw him with It. The axe handle was for his protection as two weeks before he had been attacked by eight persons and suffered a stab wound. The Magistrate said that one could understand the defendant’s motives, but the law did not allow the carrying of offensive weapons “We have a police force for onr protection.” he said. BURGLARY AT HOSTEL A former boarder at Normans House, the Prisoners Aid Hostel, broke into the hostel garage “to get even” with the matron's son, Sergeant Prouting told the Court. Lewis Marshall Wharemate. aged 27, an unemployed labourer, pleaded guilty to a charge of burglary. He was convicted and remanded to March 23 for a probation report and sentence. A medical examination was also ordered by the Magistrate. Sergeant Prouting said the !defendant had been asked to leave the hostel after an argument with the matron and her son. He wanted to get even, so he broke into the garage by breaking a window. He damaged the panelling on two cars and ripped out the wiring from the dashboards. He told the police that this was the only way he could think of to get even. Restitution of $360 was asked for. OVERSTAYED PERMIT Aintaota Sasa Vela, aged 32. a Western Samoan, pleaded guiltv to a charge of overstaying his entry permit, and was convicted and remanded on bail Spending his deportation under ! section 20 of the Immigration I Act.

Vela’s three month permit expired on November 30. 1975.

He was located at Atlas Appb. ances, Ltd. On » similar charge Gyane. shwar Prasad, aged 22. was also remanded on bail pending depot tation He pleaded guilty Rj S entrv permit expired on April 10, 1975. STOLE MAGAZINES Kaien-Leigb Melrose, agefl 17. who pleaded guilty to a charge of stealing three magazmevalued at $1.50. the property of Woolworths iXZ.i. Ltd. <m leb ruary 5. was fined $lO. si,, pleaded guilty BURGLARY Because His money for a. , , dent compensation had not arrived and he had no money. a youth broke into business pie mises to steal money, the < ourt heard. Michael siobetg. aged 17. in empioved. was remanded on bail to March 23 lot sentence aiie he pleaded guilty to a charge of burgling tile office <>i Rapid Dipatch Carriers. Ltd. on February 4. Sergeant Prouting said that Sjoberg broke into the office b\ [forcing an exterior and interior door. He stole a radio-cassette player valued at $2BO. and $233 in money. The money had not been recovered. Sjoberg said that | lie committed the offence beI cause he was “broke.” WILFUL DAMAGE

Brian Leroy Mathie, aged 17, was convicted and ordered to appear for sentence within six months if called on, on a charge of wilfully damaging a car window, valued at $5O, the property of John David Tennant, on January 8. Mathie, who pleaded guilty, I was also ordered to pay comI pensation of S5O. TOOK CAR Murray John Smith, aged 18, ! a telegraph clerk, who had i pleaded guilty to a charge of Uunlawfuly taking a car. ' allied ijat $2600. was put on a year’s ■ probation and disqualified from I driving for six months. i The Magistrate said that lie i accepted that it had been a spon■ltaneous offence, and that Smith • was of otherwise good bebavlout. However, he could not accede 11to a request by counsel (Mr P. i H. B. Hall) that the youth’s name lbe suppressed, as it was a substantial offence. • ! Mr Hall said that Smith bad itaken the car for a ride after i he had noticed the keys in the ■ ignition. STOLE BLANKETS Leonard Gilbert Jensen, aged 1 18. who had pleaded guilty to ■ a charge of stealing blankets, a pillow and an alarm clock, worth • a total of $93, was fined $5O. The ■ • property had belonged to a former flatmate of the defendant. ! (Before Mr H. J. Evans, S.M.) FINED $lO , Three men were each fined I • $lO as the result of an incident illn the centre of Christchurch, on .[January, when they were ar- ' i rested. i| The driver of a car, Gregory II John Mathew s aged 19. a w elder | pleaded guilty to a charge of • failing to give his name and I address to a constable. ‘ His two passengers. Trevor Warwick Henderson aged 22. » • ■ fitter-welder, and Robert Gary > Hunt aged 19, a fitter-welder i were convicted on a charge of II attempting to communicate with i a prisoner. They pleaded not • i guilty. il Constable L’ J Burgess said J that at 12.10 a.m. he was on ■‘patrol when he stopped Mathew’ Hand asked him for his name and ■* address. He refused and he w»« I then arrested. Mathews’s companions. Hen- : derson and Hunt, were told not Ito communicate with him. The [ companions persisted in talking to Mathews, and were warned [ three or four times that they would be arrested, if they continued. Mr A. K. Grant, for all three : defendants, said Henderson and Huqt had spoken to Mathews ' only twice. They were asked by Mathews to ensure that his car was locked and the keys col- ' lected. The Magistrate altered the charge from "holding.” to “at ’ tempting to hold conununica- [ tion.” because of a lack of et idence. Henderson and Hunt re [ tained their plea of not guiltv to the charge. Mr Grant said that a question ’ without an answer was not com- [ munication. He said a prints [ facie case had not been estab- .. lished. and asked that the de- [ fendants be discharged. ’ The defendants’ car and its driver had been taken into custody by the police, and they were . left to get back to Rangiora in I the early morning. No slnfs’or • 'communication was attempted. <[ the two men were just conce-ned ! about the car. said Mr Grant The Magistrate said the coni stable had made it known “prett clearly,” that Henderson and I Hunt were not to communicate . with Mathew.