Periodic detention for assault

Press, 14 May 1982, Page 5

Periodic detention for assault

A man who assaulted another man in the mistaken belief that he had sold drugs to his son was sentenced to periodic detention for four months by Judge Paterson in the District Court yesterday. The Judge told William John Roberts that while he accepted a father’s concern about his son’s use of drugs he had no right to set himself up as a law enforcement authority and to impose punishment. “It is the police which sort these things out and the courts mete out the punishment,” he said. The degree of force used was substantial, the Judge said. Roberts, aged 36, a shunter, had earlier admitted assaulting Robert James Dearden on January 9. The complainant had been knocked to the ground in a semi-conscious state, then he had been kicked, and had his head banged against the ground several times. Mr Dearden had been knocked unconscious and was taken to hospital. He suffered two black eyes, a forehead wound that required five stitches, bruising and concussion.

The police prosecutor at the time said Robert’s allegation regarding the complainant was unfounded and that it was possibly a case of mistaken identity. Counsel (Mr B. Scott) said the assalt was out of character. The previous Saturday his client had found his son handing over money to the person he believed to be the complainant in a hotel toilet, said Mr Scott. During the week he discovered that his son had a problem with drugs. Prior to the assault Robberts had been drinking and matters came to a head, when in an emotionally volatile state he saw the person who, he believed, had sold drugs to his son. DEPOSITIONS A housewife facing seven charges of theft was remanded at large to July 1 for the taking of depositions. Karen Anne Rakich, aged 23 (Mr G. E. Langham), is alleged to have stolen clothing to a total value of $560 from seven city shops on April 30. No pleas were entered. FURTHER REMAND

A farm worker charged

with indecently assaulting a girl, aged 12,’ was further remanded without plea to June 10. The defendant, who was granted the continued interim suppression of his name, is alleged to have committed two offences on the same girl between January 1 and 31, and on February 20. Counsel (Mr G. E., Langham) said his client was a committed patient at Sunnyside Hospital. The extended remand was to enable an independent psychiatric report to be obtained, he said. DRUG OFFENCE

An advertising agent who admitted possessing cannabis used the drug for partial relief from a continuing illness, said his counsel (Mr M. J. Glue). He said his client. William Douglas Oldham, aged 34, suffered from spastic paraplegia. Oldham began taking the drug, 14 years ago on the advice of a psychiatrist and was now' addicted to it, said Mr Glue. It was considered to be less harmful for his condition than alcohol, according to

the psychiatrist, said Mr Glue. He had been instructed to seek a permit from the Health Department to legitimise Oldham's use of cannabis. Oldham had now built up a resistance to a drug prescribed for the treatment of his particular condition, said Mr Glue. Because the defendant was not licensed to use cannabis his action was illegal, said the Judge in imposing a fine of $5O. Sergeant W. J. McCormick said the drug was found when police executed a search warrant at a motel in Waipukurau on March 4 where Oldham was staying while on a business trip. • (Before Judge Fraser) INDECENT ACTS A youth, aged 18, who admitted charges of doing indecent acts on girls, aged seven and eight, while he was babysitting them on November 21, was convicted and remanded on bail to May 27 for sentence. , The defendant, who was granted continued interim suppression of his name, had been originally charged with having sexual intercourse

with the girls, which he denied. He was to have defended these charges yesterday. However, at the request of the police the charges of doing indecent acts on the girls were substituted, and he admitted these. Sergeant J. E. Dwyer prosecuted for the police, and Mr R. J. McMurtrie appeared for the defendant.