Woman who hurt child to appeal

Press, Volume CXVI, Issue 34105, 18 March 1976, Page 7

Woman who hurt child to appeal

A woman who was yesterday sentenced to six months Imprisonmant on a charge of Injuring her three-year-old daughter has lodged an appeal.

Mr B. A. Palmer, S.M., said that the offence was an extremely serious one and the child had suffered permanent brain damage as a result of the assault. He also placed the woman on probation for a year. The woman, whose name was suppressed until the outcome of the appeal, was charged that on August 6 she had Injured her daughter in such circumstances that if death had been caused she would have been guUtv of manslaughter. She had pleaded not guilty. The defendant was further ordered to undergo such medical or psychiatric treatment, or both, as directed. The probation officer said that the defendant was undergoing voluntary treatment

The defendant and a relative began to weep as the Magistrate imposed the sentence. They were in tears when led from the Court.

Mr B. N. Taylor, ■ Christchurch paediatrician said earlier in evidence that the child had been brought to hospital with severe head injuries. She had been unconscious and convulsing.

When he examined the child he had thought she might die. There had been marked evi- ' o' brain damage and chest bruising. “It Was unlikely wuuiu lead on independent life.”

The Magistrate rejected the defendant’s evidence that the child had fallen from a kitchen chair. Counsel (Mr S. G. Erber) submitted that the defendant had been treated harshly as a child. He submitted that when people began to place more affection on the three-year-old girl than her other child she had overpenalised the three-year-old. Mr Erber said that at the time of the offence the defendant had been "extremely unsettled” and had not known anybody near where she lived.

“She was in the late stages of an unwanted pregnancy and

'I v an un-fc-tiinat" remark.’’ onuhsel said.

“What ever she did, she did not desire the consequences as they turned out.”

Counsel told the Magistrate that, he wanted to dispell the image that the child was a helpless cripple. She was not as paralysed as she had been in August, he said.

Mr Erber, in addressing the Magistrate on penalty, said that the public had formed a view from newspaper accounts as to sentence, but nobody except the' Magistrate, the defendant, and others concerned, knew the contents of several reports prepared by doctors about the defendant. He Submitted that the defendant and her family were not "socially advantaged" and that the publication of the defendant’s name would reflect on her other children and the view taken by neighbours on the family. The Magistrate said that he had considered the personal difficulties of the defendant and after careful consideration believed a term of imprisonment was the only possible sentence. FOUND ON PREMISES Paul Mata McGreal. aged 17. a coal yard workman, was convicted and remanded to March 24, on charges of burglary and being unlawfully on premises. He pleaded guilty. Sergeant Palmer said that a house In Bealey Avenue was burgled on February’ -4. The defendant was inteviewed on March 1, but denied ever having been to the house. Fingerprint evidence liter showed that the de fendant had been in the house. On February 28. a resident in Papanui Road heard floorboards creaking downstairs in her house. She went downstairs, finding the defendant in the hallway. The defendant said he was looking for “Mr Richards.” The defendant then ran from the house, as did another man in the kitchen A doctor’s surgery is attached to the house. Sergeant Palmer said that the men were found in Caledonian Road. AVONSIDE BURGLARY Brian Walter Thomas, aged 24, a driver, and Dale John Smith, aged 18, a roofing assistant, were 'both convicted and remanded to

March 24 on a charge of burgling a hairdressing salon in North Avon Road. Thev both pleaded guilty. The defendto a charge of receiving an amplifier valued at *4OO. Sergeant Palmer said that cigarettes and cigarette lighters valued at *5OO were taken from the shop of Leo Musson on December 16. On January 8. the police searched Smith’s flat and found some of the stolen cigarettes. More cigarettes were found at the other defendant's address. Compensation of *l3B was sought by the police. On January 2, Smith had gone to his brother’s address, where there was a large quantity of electrical and musical equipment. The defendant had taken an amplifier and had attempted to sell it to his employer. DAIRY BURGLED Neville John Jones, aged 17. unemployed, was convicted and remanded to March 24 on a charge of burgling Patel's Dairy on February 17. He pleaded guilty Sergeant Palmer said that the defendant and two associates went to the dairy where a window was broken. The two associates entered the dairy to get the police arrived the defendant had taken a cat ton of cigarettes and hidden in toilets at the rear of the building, where he was found ißefore Mr E. S. J. Crutchley. S.M.) NINE MONTHS GAOL A man who used the proceeds of three stolen Post Office orders to get to Australia to see his former wife and child, had drifted from one institution to another since he was 15, submitted counsel (Mr C. D. Eason'. Mr Eason said that Pene Whare Lindsay Walters, aged 26, an unemployed driver, was in danger of becoming institutionalised and upon his release from prison last year had been unable to adjust to his freedom: “He cannot face life without some form of control.” Walters, who had pleaded guilty to eight charges, was sentenced to nine months imprison-

■iimiii and disqualified from dnv-. i in* for a year 1 The charges were stealing • three Post Office orders, valued. 1 at *2oo each; three of forgery; converting a car; driving witht out a licence: breach of probas lion; and failing to repoit for , (periodic detention . I The Magistrate said that Walt I ers had received all kinds of, penalties since 1970—probation. J fines, imprisonment, and periodic I detention. The offences on which he appeared for sentence were t substantia) ones. He could not see how a cust todial sentence could be avoided, tile Magistrate said. However, E such a sentence would not be e , as long as would normally be f because of Walters' problems and „ the danger that he could become institutionalised , At an earlier hearing the Mag-| o !istrate prohibited publication of I i the details of the theft of the j money orders MURDER CHARGE ji A 61-year-old man charged J with murder was remanded to I Sunny side Hospital until April) i 112, when he will appear again for the taking of depositions. ' The man is charged with murds I erlng Dorothy Joy Christie, aged 55, a married woman, at Clirist church, on or about January 17.) t | Her bodv was found by' the: (police on the Pori Hills e RECEIVING ill A man who has spent most ot, n: his adult life in prison was senI- tenced to six months pei iodic detention on a charge of re- ’ . leelving car parts, valued at s2lKi. •I Lex Terry Konohi, aged 31, a driver, had been approached in I Christchurch by a man who had s | sold him ear parts, worth t2OO s for *45. Senior-Sergeant M J. s I Forbes had previously told the 2j Court. The defendant s explaua- ( a’tlon to the police was that parts* i-1 for his car were scarce. Counsel <Mr D. II Stringer’ e said that his client had spent 1 • (most of his adult life in prison rjand on coming' out the last J time had been confused and un-l i able to adjust to everyday life y| Tlie Magistrate told Konohi - that he hoped periodic detention II would steer him away from a, | life of crime. "I hope that is not 1 to be a misplaced hope.” be said ATTEMPTED THEFT -I On a charge of attempting to<

..steal a gallon of petrol from a (parked car yeeterday, James Wii111am Philpott, aged I*, a ware 11liouaeman tMr D. H. P Dawson . (was fined *5O. He pleaded guilt The car belonge dto Horace Frank Whisby. DID NOT PAY IAIU. Patricia Agnes Dealer, aged 3,> a machinist, who did uot pa< a 'taxi fare of «3.SU on luesds ’ w’as lined »10 on a ebarge of obtaining credit fry false pie j tence She pleaded guilty FINE AND PRutlAilUN IJnton Frank Biehler, aged 18. | a factory worker, was put on ' probation for a vear on a charge ( of stealing two glasses from tlie Carlton Hotel on March 12; fined ,■ *3O on a charge of using obscene language in the hotel; and lined I *lO on a charge of being a [ minor In a bar He pleaded ■ | guilty to ali charges . 'Before Mr $V F Brown, b.M ’ DH ENSIVK WEAPON A man who waved a beer mg from tlie window of a speeding > car said he intended to hit i someone on the head w Ith it •Sergeant M L. White told the ■ Court David Alan Yates, aged 21. an I unemployed truck drlvt r. had pleaded guilty to a charge of J carrying an offensive weapon 1 He was convicted and lined S>f Sergeant White said the de : fendant wav seen waving the jug out tlie window of a car •in Colombo Street soon aftei 10 p.m. on December 13. I When Inlen tewed by the (police 5 ates said that lie bad been assaulted twice that even ing .and was carrying the jug for protection “He also .said that he wanted to hit a paiticuiar person or i the head with it,” said Sergeant White ' (Before Messrs W J ItoUoben and M, B. Hayes. Justices oi the Peace.) ARSON CHARGE ' Two youths alleged to have wilfully set fire to the nrer s iof tlie Canterbury Bow ling Club .in Graceiield Aveni l , ary 17. were remanded in eua tody for trial in the Supreme .Court after taking of depositions 'llie accused, aged 19 and 20. i elected not to plead guilty te a I charge of arson.