Youth sent to jail for unlawful assembly

Press, 26 July 1986, Page 4

Youth sent to jail for unlawful assembly

A youth, aged 18, one of three members of a family who were members of an unlawful assembly which caused campers to fear violence at Coes Ford last January 8, was jailed for a total of eight months when he appeared for sentence in the District Court yesterday on this and nine other offences.

Judge McAloon told the youth, Michael James Cyril Wilson, a sickness beneficiary, that by any description he was a violent person. Five charges — four assaults and one of unlawful assembly — directly involved violence, and another charge Involved Wilson’s presenting a rifle to a group of people in a residential street in the city.

The Judge said the public was sick and tired of violence, unprovoked violence. Wilson’s criminal record, at the age of 18 years, was quite shameful. Wilson was given 10 prison sentences, totalling 4 years 7 months, for the 10 offences, but these are to be served concurrently. He was given terms of eight months’ jail on charges of unlawfully carrying a .22 calibre rifle jn Springfield Road, on December 26, and assaulting Robert Joseph Steinberg on April 11; slxmonth prison terms on charges of assaulting Rebecca Franks and Mark Thompson, both on December 26, assaulting Mr Thompson on January 23, unlawfully taking a motor-cycle between January 30 and February 7,’ and unlawfully taking a motor-cycle on February 18; four months for unlawful assembly at Coes Ford on January 8, and

driving while disqualified on February 10, at Featherston; and one month’s jail for assisting a youth who had escaped from Social Welfare Department custody, to enable the youth to avoid arrest, on July 10. On the charge of driving while disqualified, the Judge extended Wilson’s disqualification by a year, to March 28, 1989. Wilson’s mother, Patricia Suzanne Wilson, aged 42, a housewife, who also appeared for sentence on charges of unlawful assembly and assault at Coes Ford, and receiving stolen property, was further remanded to July 31 for sentence.

The remand is for a community-service report to be prepared. The Judge told counsel (Mr J. S. Halls) that he accepted periodic detention was not appropriate because of the defendant’s state of health. Another of Mrs Wilson’s sons, Gary Norman Wilson, aged 19, a sickness beneficiary (Mr A. N. D. Garrett), was sentenced to six months periodic detention, and was placed under supervision for a year, on the charge of unlawful assembly at Coes Ford.

Terry Allan Titheridge, aged 18, unemployed, failed to appear for sentence on a charge of unlawful assembly at Coes Ford, and unlawfully taking a motor vehicle, and a warrant was issued for his arrest.

Evidence in relation to the unlawful assembly charges against the defendants had been heard at a defended hearing recently. Gary Wilson had changed his plea to guilty part-way through the case. The others denied

the offence, but were convicted. Evidence was that Mrs Wilson’s youngest son and another boy joined a group who had lit a bonfire at Coes Ford, and became Intoxicated. An altercation took place when Mrs Wilson went to collect her son, and abuse was exchanged. Mrs Wilson and several of her children and another youth returned the next day. Weapons were taken, and campers attacked. Mr Halls, said yesterday on behalf of Michael Wilson that it was accepted that, because of the number of convictions, Wilson must face a custodial sentence. He produced a medical report, and said Wilson was a glue sniffer, and had been for some time. He said it was clear that Wilson’s potential, and improved behaviour, had been negated by his continued glue sniffing.

Mr Halls traversed the circumstances of the various offences and asked that the defendant’s age be taken into account, in fixing the sentences. The Judge, imposing the 10 prison terms for the offences, detailed the circumstances of the various offences. He said in relation to the four assaults that one was on a girl, whom he punched and knocked to the ground. A man who went to her aid was punched, knocked to the ground and kicked several times.

When he saw the man in a street at a later date, asked if a charge of assault was being laid and was told it was, he again assaulted the man. The fourth assault was his hitting a man, aged 53, with a softball bat and

inflicting fractured ribs, a black eye and cut mouth.

The man was off work for a fortnight because of his injuries. 1 The firearms charge related to Wilson’s pointing a rifle at three people in Springfield Road to disperse them. Wilson claimed the rifle was not loaded, and had no bolt, but this statement was not the subject of proof, the Judge said. He, said the disqualified driving offence was Wilson’s fourth. A week after taking one of the motor-cycles, worth $5OOO, Wilson was found with it in Featherston, and the machine had sustained substantial damage in an accident. Sentencing Gary Wilson to periodic detention, and supervision, for unlawful assembly, the Judge said the offence was serious. Evidence was that Wilson had punched a person in an unprovoked assault, and threatened a woman that she would be “wasted.”

He said he agreed with counsel, Mr Garrett, that the probation report on Wilson was a "hopeful document.” He had made a substantial effort in his own right to dissociate himself from people who got into trouble, and also to withdraw from drug-taking. The public interest would be served by a sentence less than imprisonment. Mr Garrett had sought a community-based sentence, with supervision. Amongst his submissions in mitigation of penalty, he said Wilson’s offence had arisen from misguided family loyalty.

He had now dissociated himself from the mbre undesirable effects of the family relationship.