Quick detection brings conviction for theft

Press, 2 August 1983, Page 6

Quick detection brings conviction for theft

Property stolen from a flat in Holly Road was seen by an off-duty constable in the back of a Mini car being driven by David Waiwiri in Ferry road about half an hour after the burglary.

Evidence of this was given in the District Court yesterday when the defendant, aged 23, unemployed, appeared before Judge Paterson on six charges. He pleaded not guilty to the burglary of a flat in Holly Road from which a stereo, speakers, clothing, cameras, and other property worth a total of $2580, were stolen last May 3. After a defended hearing he was found guilty and convicted on this charge and on four other charges which he admitted: two of driving while disqualified, one of possessing cannabis, and one of receiving stolen property. A sixth charge, of receiving a women’s 10-speed bicycle, knowing it to have been stolen, was dismissed.

The Judge accepted submissions by defence counsel (Mr R. A. Peters) that the bicycle could have been regarded as communal property at a property at which the defendant stayed with others. On the five charges the defendant was remanded in custody to August 5 for sentence. Sergeant J. E. Dwyer, prosecuting, said that, in regard to the burglary charge,the flat was secured by an occupant at 12.30 p.m. and the defendant was seen driving the Mini car, with two passengers and stereo gear inside, shortly after 1 p.m.

The constable was suspicious and followed the car to where he saw the gear being unloaded into a house in Randolph Street. He telephoned the police and then saw the car drive away. Police recovered the property stolen from the Holly Road house, except for a bicycle. No defence evidence was called but Mr Peters submitted there was no case to answer. There had been no identification of anybody at the scene of the burglary and no evidence of the defendant, who was seen driving the car later, having “control” over the stolen property inside. Apart from his driving the car there was no other evidence of his being in-

volved in the burglary, Mr Peters said. FOUR MONTH’S JAIL Four months’ imprisonment was imposed on Shaun Kevin McAllister, aged 22, unemployed (Mr P. N. Dyhrberg) when he appeared for sentence on a charge of theft of cash and cheques totalling $2751 from Cobcraft Potters’ Supplies, Ltd, on July 7. He also received concurrent terms of two months’ imprisonment on two other theft charges, and a charge of being found without reasonable excuse in premises in Durham Street.

The prison sentence is to be followed by a year’s probation, with a condition that he undertake treatment for drug dependency as recommended by the probation officer. The Judge said he was aware that the offences were committed because of the defendant’s drug dependency and his need for drugs and “survival.” He was now undertaking assessment for treatment. However, the Judge said, he was concerned also for the protection of business premises which were at risk while the defendant was loose in the community.