Warning after assault

Press, 10 July 1979, Page 4

Warning after assault

A youth, who attempted to take car keys from a 69-year-old tally clerk when he was parking his vehicle outside his home after returning from work at Lyttelton, was given a final chance by Mr

[Justice Roper in the Supreme ;Court yesterday. Mark William Smith, aged 118, a factory worker, had [pleaded guilty to a charge of I assaulting Algernon Rober t 1 Proffitt on March 7. Smith was put on probation for a year and was ordered to do 60 hours of community work. Originally Smith was charged with assaulting Mr Proffitt with intent to rob and elected trial by jury. During the course of the trial his Honour reduced the charge to one of assault and Smith pleaded guilty. Evidence was given that about 10.50 p.m. on March 7 Mr Proffitt had just parked his car outside his home in St Martins when Smith came up, abused him obscenely, demanded his car keys and grabbed his wrist. When Mr Proffitt called out to his son Smith and his girlfriend ran off. When seen by a constable Smith said that he was having trouble with his accommodation and needed the car to take himself and his girlfriend away. He did not know Mr Proffitt. Mr W. G. G. Young, for Smith, said that the evidence disclosed that the offence arose from a rather curious incident. After drinking for some time in a flat in Worcester Street, Smith and his girlfriend had an argument and they went for a walk and they went some miles. Towards the end of the walk they were indulging in a certain amount of tomfoolery and there was a suggestion that they convert a

81car but Smith did not take [the proposition seriously. J The incident with Mr ProfLfitt arose because of some! f play-acting by Smith for the t benefit of his girl-friend and i 1 there was no intention to: »,harm the man or to take his Lear. The assault committed on s Mr Proffitt consisted of only ria minor degree of force when >|Smith gripped the wrist of: .. his hand holding the car keys. I [ The man had no difficulty in j[breaking the grip. It must; i'have been a most unpleasant! experience for Mr Proffitt. ' t Smith’s record was not a ? good one but all his previous! 1 offences had been committed i within a period of a few i months. He was now living , with his father and had bro-| I ken up with the persons with: whom he had got into trou-: t ble and the girl he was with! - when he committed the as-. : sault. t The probation report indii cated that Smith was a satis-! - factory employee and he was; I 'now playing rugby league at! Tt'he week-end. Mr Young said.' His Honour said that he ragreed with counsel that this' ?|was a curious sort of inci-i i dent and he accepted that Ji-' sjquor was at the root of it. It: Hcertainly was not a deter-! -[mined assault and no harm) ?iwas done to the complainant.! tl “I have some misgivings! I;'about you, Smith, because! your previous record is dis- > I concerting, but the probation t! officer seems to think you are -(taking a more responsible at--Ititude so. you will get a final II chance,” his Honour said. ;