Man set fire to caravan

Press, 15 May 1981, Page 7

Man set fire to caravan

A man, who set fire to a caravan because he had been ridiculed by his workmates, was sentenced to periodic detention for six months by Judge Bisphan in the District Court yesterday. The Judge told David Ernest Fell, aged 28, that arson was considered a very Serious offence which usually carried a prison sentence. However, the unusual reasons given by counsel (Mr M. J. Glue) had reduced the criminality of the offence, he said.

Fell had earlier admitted setting fire to the caravan, the property of the Christchurch Drainage Board, while it was located in the grounds of the Casebrook Intermediate School on April 21. As a result of the fire compensation of $lB4O had been sought. Mr Glue urged that the Judge not order compensation at this time and that the drainage board be left to pursue its civil remedy. He indicated that the union had “taken up the cudgel” on behalf of Fell.

Mr Glue said his client had no money as the board had frozen his wages and holiday pay which was in excess of $lOOO.

Fell was under considerable pressure at the time of the offence. The ridicule by his workmates was more than he could bear and his action was really against them and not against his employer, said Mr Glue. The Judge said he would not, under the circumstances, order that compensation be paid. IMPORTED CANNABIS An Australian in New Zealand to attend his brother’s wedding was convicted of importing cannabis. He was fined $4OO. Roderick James Langham, aged 22, an unemployed truck driver, who admitted the offence, was convicted and ordered to pay the fine immediately; in default Of which he would Spend 14 days in prison. ■ Sergeant W. J. McCormick said the defendant had posted a parcel in Hobart to a Christchurch address, The parcel contained 25 grams of cannabis leaf ah though the defendant had said it contained printed matter. He had then left Hobart by air for Christchurch, The parcel had been intercepted by Customs officers. Sergeant McCormick said that Langham had said the drug Was for his own use because he did not want to become involved with drug users in New Zealand. 27 OFFENCES A teacher, aged 31, Who admitted 27 charges of obtaining credit by fraud, involving $1266, Was convicted and remanded at large to' May 27 for a probation report and sentence. Sergeant W. J. McCormick said the defendant,. while temporarily employed at two Christchurch high schools had stolen bank cards, three store credit cards, and a

cheque book from two teachers.

With the use of the cards and cheque book the defendant, a first offender, had obtained clothing, toys, books, and cutlery. Sergeant McCormick said that when questioned by the police the defendant had been unable to explain her actions. Compensation of $1255 was sought. Counsel (Mr J. Cadenhead) in seeking interim suppression of his client’s name, submitted a psychiatric report. FIRE ALARM Guy Robert Michael Dels* tour, aged 28, a farmer, was convicted and fined $5O after admitting that he wilfully gave a false fire alarm. Sergeant McCormick said the defendant had been drinking at the Russley Hotel and had been asked to leave by the manager. On leaving,. Delatour. had activated a fire alarm in a reception area and had been held by the manager.

When apprehended no explanation was offered, he said.

Compensation of $155 was sought to defray the cost of three fire tenders turning out to the hotel.

Delatour, who was not legally represented, said he was a first offender, had been drinking beforehand, and had a childhood curiosity about how far the button had to be pressed before the alarm went off. The Judge declined to order compensation saying that it did not seem to him a restitutional situation. (Before Judge Palmer) OFFENSIVE WEAPON The Judge said he rejected as "unworthy Of belief’ the explanation given by John , peter Fearon that a numchukka carried by him in a car which was stopped by police in the city at 3.40 a.m. on February 21 was made for him as an ornament. He convicted the defendant, aged 21, a prison inmate, on a charge of carrying offensive weapons, the numchukka and a baseball

bat, in Colombo Street, without lawful or reasonable excuse.

The defendant, who had denied the offence, was remanded in his present cus - tody to May 19 for sentence. He was represented by Mr R. J. Murfitt. Sergeant C. J. Shannahan prosecuted. Prosecution evidence was given that police stopped a car and saw the numchukka between the legs of a passenger. A baseball bat was found under the front seat. When the passenger was questioned the defendant said the numchukka was his and he had been given it as an ornament. The baseball bat was used in playing sport. No evidence was called by the defence, but Mr Murfitt submitted that the numchukka had been given spontaneously to the defendant and his explanation for possessing it was a reasonable one. It was reasonable and lawful for a baseball bat used in sport to be carried in a car.

The Judge said he disregarded the baseball bat

referred to in the charge, but found that the numchukka was an offensive weapon and the circumstances of its being found in the Car were inconsistent with the defendant’s explanation.