Problem of sentencing man who “likes prison”

Press, Volume CXVI, Issue 34119, 3 April 1976, Page 16

Problem of sentencing man who “likes prison”

The sentencing of Eric Mouhaui Rarere, aged 22, unemployed, presented a formidable problem, said Mr B. A. Palmer, S.M.. in the Magistrate’s Court yesterday.

Rarere, who had had a “tragic upbringing, had shown that he was so amenable to the almost comfortable routine of prison that a prison term was not really a deterrent.

However, the Magistrate said, he had to balance the personal

circumstances of the defendant against l the interests of the public sentenced Rarere to a year’s imprisonment on 24 charges. The defendant had pleaded guilty to four charges of theft including one of a car; two of unlawfully taking a car; 14 of interfering with a car; three of burglary; and one of being unlawfully on premises.

Counsel (Mr A. W. Robinson and Mr P. J. Rutledge) said that the defendant was mentally re Larded and had been easily manipulated by others. He came from a “pitiful” background. “He enjoys life in prison and might get to the stage where he will offend to get back in,” said Mr Robinson. An ideal job would be on a farm, as he was a very good worker, but attempts to find him such a job had failed. FOUR CHANGES A sentence of a year’s imprisonment was imposed on John Mckinnon Donnelly, aged 23, unemployed, who had pleaded guilty to two charges of resisting arrest, two of burglary, one of disorderly behaviour, and one of being a member of an unlawful assembly. The two charges of resisting arrest were two years old, said •ounsel (Miss J. Manson). The defendant had just came out of Borstal. After those offences, he had worked for a year in Australia before returning to New Zealand to work as a carpenter. However, one of his close friendt. was assaulted by a member of fhe Devil’s Henchmen gang, and he had subsequently gone with a group to Olliviers Road. When a bomb was mistakenly thrown on the lawn of the wrong house, he had helped stamp out the lire.

Miss Manson said that Donnelly was ready to pay compensation of $695 for property not recovered from a burglary he and two others had committed. Some of the offences he had confessed to the police, as he wanted to “make a fresh start.”

The Magistrate said that the burglaries and the unlawful assemblv were serious offences. In one of lhe burglaries property worth more than $2OOO had not been recovered.

Concurrent terms of a year’s imprisonment were imposed on the burglaries and smaller concurrent prison terms on the other -.barges.

STORE BURGLARY Counsel for Thomas Edwin Midwood. aged 25. unemployed, told i the Magistrate that if the defendant was given a long prison i sentence he would “come to i enjoy it.” The defendant, represented by ■ Mr D. C. Fitzgibbon, was sentenced to a year’s imprisonment ion a charge of burgling the I Spring Creek Store, having j pleaded guilty. I Mr Fitzgibbon said that the [defendant nad come from a home ; where alcohol was a problem. He ' nad had a good start to his work- | ing lif e as an apprentice jockey, .but was “given to spontaneity.” ; The offence had occurred when | the defendant and friends had ; stopped to buy petrol. “The defendant went round the back, and the offence blossomed from there. ’ counsel said. NINE BURGLARIES John David Barr, aged 19 ashift worker, was remanded’ to April 6 after the Magistrate was! : told that a co-offender, aged 18, [had been put on probation and (ordered to do 200 hours of community work. The defendant had pleaded guilty to nine charges of burglary and four of theft. Propertv (valued at more than 52200 had been stolen in the 13 offences The Magistrate said that he wanted to evaluate the reasons - S sentence imposed on the i defendant s co-offender. “I do not; j want a situation of disparity to I

arise unless there is a reason for that course,” he said.

John brother, Paul Barr, aged 17, .also a shift worker, was put on probation for 18 months with the conditions that he work and live where directed and that he do 120 hours of community work.

Paul Barr had pleaded guilty to charges of burglary and stealing five gallons of petrol. Mr P. J. Rutledge, for both defendants, said they were both of low intelligence and were easily led. They had both been away from home when the offences were committed. STOLE $7OO RING A young woman who stole a $745 diamond ring from a jeweller's shop, and a domestic purposes benefit from a flatmate, was put on probation for a yeai on two charges of theft, to which sue nad pleaded guilty. The Magistrate told Wend} Marie Stevens, aged 19, that he accepted that the thefts had been impulsive and that she was a dist offender. He said he could see no reason for suppressing her name, as her prospective employer already knew about the offences. Counsel (Mr R. L. Kerr) said that the defendant had wanted to return to ring but had not nad the courage. She had also oeen about to return the money for the benefit when the police took possession of the letter tne money was in, BURGLARY Paul Desmond Moody, aged 22, a machinist, who had pieadea guilty to a charge of burgling me premises of Andrews anu Beaven, Ltd, in Annex Road, was sentenced to four months periodic detention.

The Magistrate also ordered that the defendant pay compensation of $/2.0U for uamage to me premises and for unrecovered cigarettes and cash. Counsel (Mr A. K. Grant) said that me burglary nad been the idea of a co-offender. Moody hau tooiisnly gone along.” (Before Mr P. L Molineaux, S.M.) 24 CHARGES

The defendants share ol restitution had not yet been »vwheu out, said Sergeant J. C. ivowe after Peter Arthur Rourke, aged 10, unemployed, hau pleaded guilty lo 24 charges. lhe charges were 12 of burglary; tour of receiving, including $550 stolen from tne Christchurch Town Hall; five of unlawfully getting into a cai, one of taking a car; one of having an offensive weapon; and one of attempting to take a car.

The Magistrate convicted Bourke on all counts and remanded him in custody to April 9 for a probation report.

Counsel (Mr A. W. Robinson) submitted that the defendants involvement in the burglaries had largely been that of a driver.

j The first four offences occurred last year, said Sergeant ! Rowe. Bourke received a pair ■ of jeans, a pair of sunglasses | and an Bin skinning knife. The I knife was considered an offenI sive weapon, as he had had it (in Cathedra) Square and had ! admitted he might use it in a fight. On January 31, Bourke unlawful Iv got into a car and was involved in two burglaries. At the Canterbury Bowling Club, $6B in cash, liquor and cigarettes, was stolen; and at P. and W. Henderson, Ltd, Madras Street, a safe was stolen. Sergeant Rowe said 11)4 watches were missing from the safe when it was later found at Bromley. Bourke had admitted being given seven! watches, which he later threw aU Tlie next 15 offences were com-1 mitted between February 23 to i March 4, while Bourke was ■ living in a flat with other young offenders. He was involved in | 10 burglaries, unlawfully got. into four cars, unlawfully took a car and attempted to take another. The cars were used in the burglaries. , _ . i On March 7 the defendant > was given $550, part of which he used to buy a car. The money had come from a burglary of the ticket office at Town Hall. An associate, aged 16. had opened a security cabinet while • a pop concert was in progress i and had stolen SlOOO in cash and; $7Bl in cheques. Sergeant Kowe. Said ’ THEFT AS SERVANT ( Roger Josenh Fahey, aged 51.1 a night porter, who stole Soo worth of property from his emplover. pleaded guilty to a Charge Of theft aa a s-riant. He was convicted and <i ned ’’J?and put on probation for a year.

Sergeant Rowe said that lhe defendant started work at Gainsborough Hotel Motels, Ltd, Bealey Avenue, on February 4. Between March 5 and 19, he stole a heater, cutlery, linenware, and food, worth a total of $55.40. Most of the property was recovered from his bedroom. The defendant had told the police that he had needed the items to set up a flat, said Ser geant Rowe. “TIRED OF JOGGING” Two men who took a bicycle from Burnside High School because they had been “tired of jogging round the block” were each convicted and fined $3O on a charge of unlawfully taking the bicycle, valued at $lOO, the owner of which is unknown. The defendants, Rodney Alistair Tinker aged 19, an unemployed driver, and Michael Anthony Greedon. aged 23, a driver, both pleaded guilty. Sergeant J. C. Rowe said the defendants had said they intended to leave the bicycle on the side of the road. TWO BURGLARIES A resident in V) ainuni Roau disturbed oy a noise auuut il.bu pan. on Thursday saw a youth using a baseuaii bat on tne door of a neignoouung service station, said beigeant Kowe. The resident also saw four car radios stolen after a wheel □race was used to break a window. The brace and baseball bat were later found in the car of Murray Kevin Campbell, aged 18, unemployed. Campbell pleaded guilty to charges of burgling Cook s Service Station, Waiiioni Road, and burgling Bromley Auto Centre,? Breezes Road. He was convicted! and remanded in custody to. April 9 for sentence.

Sergeant Rowe said that in the Bromley Auto Centre burglary, the same night, three cai batteries were stolen alter a window had been broken.

The only property not .yet recovered is a car radio and a oattery.

THREATENED CONSTABLES A man, aged 35, who threat ened to “cut out the gizzards of two constables was convicted on a charge of assault, and remanded in custody to April 6 for a preliminary psychiatric report and sentence.

The defendant, who pleaded guilty, had his name suppressed in the meantime.

On April 2, the defendant had ordered his wife and children from the house, threatening to kill them with a knife if they returned, said Sergeant Rowe. After allowing the police into

the house, the defendant had said that if they made a move ; he would ‘‘cut . their gizzards” j out with a carving knife. He had ; said he would kill his wife if he ■ was not taken to the cells, and : if h e had a gun he would shoot, both constables dead. The defendant had been in-1 toxicated at the time of the incident, Sergeant Rowe said. I