Two assaults result in jail for man

Press, 30 September 1986, Page 4

Two assaults result in jail for man

Two unprovoked assaults resulted in a man being sent to prison for 12 months by Judge Frampton when he appeared in the District Court yesterday. Judge Frampton told Aselele Simaile that such assaults were among the more serious charges in the criminal calendar. Sentencing had to reflect not only the seriousness of the offending, but also act as a deterrent to others, said the Judge. Simaile, aged 21, unemployed (Mr A. N. D. Garrett) had been convicted of assaulting a male with intent to injure, and receiving $2O in cash. Both offences took place on September 15. Sergeant J. E. Dwyer said at 8.30 p.m. that day, the defendant and a group of associates attacked two males, one of whom was making a cash withdrawal from a money machine. The victim was punched by the associates and $2OO in cash was taken from him. The other complainant was tripped up when trying to run off. As he was beginning to get up, Simaile kicked him in the face. The group ran off before this man’s wallet was taken. They took with them the cash stolen from the first victim. In Cathedral Square where they met up, Simaile was given $2O of the stolen money by an associate. When arrested, he denied assaulting the first victim, but admitted kicking the second, said Sergeant Dwyer. Simaile said he had been drinking earlier. The defendant was also

up for sentence for assaulting a deaf mute with intent to injure him in Cathedral Square on his conviction after a defended hearing. Simaile apologised to his victims, said Mr Garrett. His client was not to know that the earlier victim was under such a severe disability. He said Simaile was a different person when not under the influence of alcohol or drugs. He was willing to make compensation of $2O. BURGLARY CHARGE Bail was opposed for two men charged with breaking into the Old Star Tavern in Lincoln Road on what, Sergeant M. J. South said, were instructions from the gang to which they belonged. Patrick Theodore, aged 19, a labourer, and Thomas Wiringi, aged 29, unemployed, were “in the public interest” remanded in custody to October 6. In addition to the burglary charge, each defendant is also charged with possessing an instrument — a knife — by night, capable of being used to commit burglary. In his opposition to bail, Sergeant South said the alleged burglary took place while the accused were armed with pocket knives. Each stated when arrested, that they had been ordered by the Mongrel Mob to commit the burglary. Duty solicitors, acting for the pair, said each of the respective defendants denied such orders had been given them. The alleged burglary took place on September 28.