Judge convicts, but discharges woman

Press, 17 March 1987, Page 16

Judge convicts, but discharges woman

A woman, aged 53, con-

victed of defrauding the - Department of Social Welfare of $10,844 was dis-■-charged and granted final • suppression of name when • she appeared for sentence £ before Judge Frampton in «.*the District Court yester~day. The Judge said he took • this somewhat unusual, X>but justified, course be- « cause the defendant’s offending was "substantially ■•different" to most cases before the courts ■•-relating to welfare frauds. While conceding that •the amount involved was □substantial, the Judge said “•the defendant, at the time, □lras coping with various ■•problems “any one of would tax most ■•people.” f In explanation for the ■-offending, the defendant, •represented by Mr Bill ZBerbison, had said she ■•had heavy financial comXmitments caused by hav—ing an aged mother, a relative, and ■an invalid husband to look ”'pfter, and having to have -repairs done to their •home.

If the defendant had -not been prepared to care tofor these people, it was •likely the State would “"have had to, and at a cost

well in excess of the $10,844, which was the amount of the fraud, said the Judge.

The defendant had earlier admitted failing to advise the department of her part-time job, which resulted in her husband’s invalid benefit being overpaid $10,844, from September, 1984, to June 23, last year.

Mr Herbison said his client was a totally committed mother, and wife, “who would go to the ends of the earth to help her family if called upon to do so.”

The offending was totally out of character, and was the result of severe emotional and financial pressure, he said. His client, while anxious to repay the sum, believed that where to find it was totally beyond her. The total family income was her husband’s invalid benefit of $216 a wppk ’ POLICEMAN ASSAULTED

The attack on. a community policeman who caught two men attempting to convert a $3OOO car at the Shirley shopping centre last week led to the court appearance of two men yesterday. Donald Russell Regan,

aged 22, a solo parent (Mr W. Rosenberg), admitted assaulting Alexander De Koort with intent to escape from the scene of a crime, and with attempting to convert a $3OOO car.

He was convicted and remanded, on bail, to March 30 for sentence. Sergeant Kevin Morrison said the accused, and an associate, attempted to take the car from the shopping centre car park about noon on March 4. The policeman saw what was happening, and in the ensuing struggle to apprehend them he was punched on the side of the head, and in the face, which resulted in his glasses being broken. His raincoat was torn in the struggle. Regan denied intentionally damaging the raincoat, and the spectacles. He was remanded for a defended hearing on this charge. Scott Douglas Meadows, aged 18, unemployed, who faces charges of assaulting Constable De Koort in order to escape the scene, attempting to convert the car, and unlawfully possessing a knife in Shirley Road, denied the charges. He was remanded to a

date in May for a defended hearing. DEPOSITIONS A male nurse, aged 43, facing charges of indecently assaulting two women, aged 80 and 88, elected trial by jury. A psychiatric report revealed that the accused, who was granted continued interim suppression of name, was fit to plead to the two offences, which, police say, took place on February 15. An application for bail by counsel, Mr R. G. Forrester, was refused by the Judge in light of the medical report before him. The accused was remanded into the custody of Sunnyside Hospital until the depositions hearing in May. AXE CHARGE Bail was not opposed for a man who allegedly threatened police with an axe when they were called to a domestic dispute in Christchurch on Saturday night. Clive Ross Hartley, aged 41, unemployed (Mr P. H. B. Hall) was remanded, without plea, to March 23. Bail was set at $750.

It is alleged that Hartley unlawfully had an axe in circumstances that

showed an intention to commit an offence involving bodily injury. He is also charged with assaulting a policeman. BURGLARY CHARGE

Three persons, aged 16, 17, and 21, were remanded to different dates later this month on a charge of breaking and entering the Riccarton Road premises of Hunter Lounge Suites, Ltd, on Saturday night. Michael Joseph Kopa Sheehan, aged 21 (Mr P. G. Costelloe), was remanded on bail of $750 to March 23.

Carl David Farrant, aged 17, also unemployed, represented by a duty solicitor, was remanded at large to March 30. A third person, aged 16, appeared in the Children and Young Persons Court. He was charged with the unlawful possession of a 410-gauge shotgun, and that while in possession of the shotgun he burgled Hunters Lounge Suites, Ltd, and resisted a constable in the execution of his duty, while armed with the shotgun. The youth was remanded in Social Welfare custody to March 23. WELFARE FRAUD Subject to the immedi-

ate payment of $2611 reparation, Thomas Knol, aged 29, was given a sixmonth deferred sentence and ordered to pay $260 towards the cost of the prosecution. Knol (Mr M. J. Knowles), was appearing for sentence for making two false statements to

the effect that he was not employed. As a result, he was overpaid $2611 in unemployment benefits.

Mr Knowles said as a result of selling some assets and raising a small loan, his client was able to make reparation in full to the department.