Judge suggests burglar sell motor-cycle for reparation

Press, 6 January 1987, Page 4

Judge suggests burglar sell motor-cycle for reparation

A comment by Judge Erber in the District Court yesterday that one of two motor-cycle club members involved in a $12,000 shop burglary could sell one of his two motor-cycles to pay the cost of property not recovered, met a quick response.

After a short adjournment, counsel for the two defendants said the amount of reparation sought, $1283.64 from the two, had been repaid. Later, the defendants, Alan Graham Browne, aged 27, an unemployed labourer, and Stewart Donald Jordan, aged 30, a fitter welder, were each fined $l5OO on a charge of breaking and entering the shop of Oriental Crafts, in Rotherham Street, on December 19. As well as the fines, each was sentenced to three months periodic detention. Jordan was also fined $lOO on a charge of having a knife without lawful excuse in Clarence Street on the same day.

The defendants had pleaded guilty to the charges when they appeared at an earlier Court sitting, and they had been remanded to yesterday for sentence. Sergeant G. C. Jones, in the police summary relating to the offences, said the men broke into the craft shop and took property, including clothing, brassware, jewellery and rugs, worth $12,000. They were disturbed by the police near the shop before all the property had been removed. .

Property worth $1283.64 had not been recovered, and restitution of $641.82 from each defendant was sought.

Both defendants were

affected by liquor when apprehended, and had nothing to say about the offence, Sergeant Jones said.

The knife in Jordan’s possession was attached to a key ring. The Judge said that among Jordan’s assets were two motor-cycles worth $15,000.

He could sell one of these to make the reparation sought. The Judge said he was not prepared to deal with the matter further until reparation was made. He then suggested a further remand of a week, saying he believed the motor-cycles concerned were of a type which was readily saleable. He said sentencing would be tremendously affected by whether restitution was made or not.

Counsel, Mrs D. M. Shirtcliff, then sought a short adjournment. After the Court resumed she said that the full amount of restitution had been paid in cash “by the president of the club to which he belongs.” Mrs Shirtcliff, in mitigation of penalty for the defendants, produced a reference from Jordan’s employer.

She said he had worked with that company since 1981 and had a good work record. He was married with two children. The offence had brought him to the realisation that he had an alcohol problem. The burglary had occurred while the two men were on foot, and after they had been drinking at a club headquarters. They decided to go out for a hamburger, saw the shop on the way back, and broke in on the spur

of the moment. It was a totally disorganised attempt, and no car was used. Mrs Shirtcliff said Brown received a domestic purposes benefit as he had the care of his daughter, aged three. Because restitution had been made, and the rest of the property recovered, she sought a sentence of periodic detention for both men. She said the knife Jordan was found with was on a key-ring and there was no suggestion he was going to use it. The Judge established that both men were members of the Templeton Motor-cycle Club. Imposing the fines and periodic detention, he said both men had escaped a prison sentence by a hair’s breadth. He said both men had been drinking very heavily and had committed the offence in a very amateurish way. The Judge said neither defendant had an extensive list of criminal offending. Supervision was not required as he believed both should have the motivation to cure themselves of their drink problems.

The Judge said he was satisfied the knife Jordan carried was not for use in the burglary. On an unrelated matter, of $655 in fines still not paid by Browne for previous offences, the Judge remanded him at large to March 2. He said that unless they were paid by then a further sentence of periodic detention probably would be imposed. FALSE FIRE CALL The Judge said he regarded Charles William

cramond's orrence of telephoning a false fire call as very serious; Cramond had committed a similar offence before.

The defendant, aged 39, a sickness beneficiary, living in the Salvation Army home in Poulson Street, pleaded guilty to telephoning a false alarm that the home was on fire.

Sergeant G. C. Jones said the call was made by Cramond at 10.50 p.m. on December 23 from a telephone box near the Salvation Army home. Four fire engines attended, at a cost of $550. Crammond was convicted and remanded to January 19 for a probation report and sentence. He was granted bail, with a condition stipulating that he remain at the Salvation Army home. CAR TYRE CHARGES On 11 charges relating to cutting of car tyres on vehicles parked in the city, David John Gay, aged 23, unemployed, was further remanded without plea, to January 12. He was granted bail. Gay originally had pleaded guilty to one charge of intentionally damaged a car tyre, but 10 further charges were later brought by the police.

Gay had been remanded earlier for a psychiatric report, which was available to the Court yesterday. PRODUCED KNIFE

A young woman had produced a knife in a hotel late on Sunday evening after being threatened by a man who had injured her boyfriend, the Court heard.

Jenneine Dawn Sawyer, aged 20, unemployed, admitted a charge of possessing an offensive weapon, a folding knife,

m circumstances mat, prima facie, showed an intention to use it to commit an offence involving threats of violence.

She was remanded on bail to January 19 for a community service report, and sentence.

Sergeant G. C. Jones said Sawyer was drinking with a group of friends, among them her boyfriend, in the Redwood Inn at 11.20 p.m. After a dispute between her boyfriend and another man, Sawyer threatened the man with a knife.

When questioned by the police Sawyer admitted threatening the man and said she had been handed the knife by another person.

Mr R. G. Glover, a duty solicitor, said the weapon, a small folding pocket knife, had been handed to Sawyer by an unidentified person.

Her boyfriend had been hit with a broken glass during a fight, and later needed 20 stitches to cuts on his head.

The man then turned to her and threatened her. She became concerned and frightened and produced the knife.

Mr Glover said Sawyer was upset and frightened. She had acted irrationally, but not surprisingly, to defend herself.

The Judge told Sawyer that Parliament last year had doubled the penalties for persons carrying offensive weapons.

Circumstances in which the use of a weapon was threatened often were the circumstances in which injury occurred. He said he could not accede to counsel’s request for a suspended sentence. He remanded her for a community service report.