Magistrate's Court Imprisonment For Six Weeks On Narcotic Charge

Press, Volume CVI, Issue 31094, 24 June 1966, Page 8

Magistrate's Court Imprisonment For Six Weeks On Narcotic Charge

“Dabbling in narcotics is not only a serious criminal offence but it is also a grave social evil that has caused tremendous misery to persons overseas,” Mr E A. Lee, S.M., said in the Magistrate’s Court yesterday when he sentenced Graeme Ivan John Mclntosh, aged 22. a sales manager of Lower Hutt, to six weeks’ imprisonment on a charge of being in possession of a narcotic, cannabis (marijuana), at Timaru on June 13.

Mclntosh, who had pleaded guilty to the charge, was appearing for sentence. Mr A. K. Archer appeared for the accused. An appeal has been lodged. Mr Archer said that McIntosh tried the drug only twice and did not pass it on to any other person. The accused had a completely clean record until this offence. He was not a criminal type and had the ability to earn good money. Counsel applied for the suppression of Mclntosh’s name.

“I have considered the representations made by your counsel and the appropriate punishment has caused me a great deal of concern,” the Magistrate said. "Anyone found in possession of or dealing in drugs should know that the courts regard it as a very serious offence which has to be discouraged at all costs. The consequences can be most serious.”

Mclntosh had purchased the drug from a person in Auckland who had apparently a good supply of It. He paid £l5 for it and had a considerable quantity of it in his possession. This was a deliberate acquisition, said the Magistrate. THREE YEARS’ GAOL “You have had a long and troubled career,” the Magistrate told Colin Wayne Greenbank, aged 23, unemployed (Mr S. G. Erber), when he appeared for sentence on charges of having burgled two premises at Balclutha, one at Oamaru and one at Ashburton. Greenbank also pleaded guilty to a charge of breach of probation. In respect of the burglary charges at Balclutha and the one at Ashburton, the Magistrate imposed a term of one year’s imprisonment on each, the terms to be served cumulatively. On the charge of breach of probation Greenbank was convicted and discharged. On the other burglary charge he was

sentenced to one year’s imprisonment, the term to be concurrent with the other sentences.

Mr Erber submitted that though Greenback had a criminal list which included theft, burglary end car conversion he had been punished for those offences.

He and his wife had gone to Dunedin to settle down and save. Both were working when Greenbank’s own flat was burgled and he lost most of his savings and all his possessions, which for him was a serious matter. His wife had also required medical treatment and Greenbank had slipped into committing the burglaries. VANDALISM Five youths on a shooting trip smashed IS panes of glass, and one of them discharged a shotgun into two 40-gallon water tanks belonging to the Forest Service, Sergeant V. F. Townshend said.

Lloyd Seiwood Austin, aged 18, a apprentice carpenter, Gordon Ross McLeod, aged 18, an apprentice carpenter, Mark Anthony Kavanagh, aged 20, a bank clerk, Barry Peter Sopp, aged 20, a mechanic, and David Stuart Avent, aged 17, an apprentice carpenter, pleaded guilty to a joint charge of wilful damage amounting to £5O 10s lOd on May 1. They were remanded on ball to June 30 for sentence. The accused, who had had two bottles of beer among them, could not explain their actions. Sergeant Townshend said ESCAPED FROM CUSTODY Graham -Roy Ritchie, aged 25, a mechanic, pleaded guilty to charges that on June 14 he escaped from the Opawa prerelease centre and burgled a bach tn Pines road, the property of Cyril James Baker, and that on June 15 he unlawfully took from Kaiapoi a car valued at £250 belonging to Roslna Frances Peters, and stole at Christchurch a radio valued, at £25 belonging to Raymond Mervyn Fitzgerald. < i He was convicted on each charge and remanded in custody for sentence on June 30.

BURGLAR GAOLED Douglas Rang! Cowan, aged 24, a workman, was imprisoned for two years and a half when he appeared for sentence on 10 charges of burglary and one charge of theft. The Magistrate said that Cowan had appeared in court on a number of occasions for theft and burglary, and had already served six months'' imprisonment for theft. The number of appearances before the courts of persons charged with burglary was causing the courts concern. The nubile were entitled to protection, and provided the punishment was eouitabie in terms of justice then persons appearing for sentence on burglary charges could expect substantial terms of Imprisonment. BORSTAL TRAINING Alan Humphrey Garbett, aged 19. a driver (Mr R. G.

Blunt), who appeared for sentence on two charges of burglary in Christchurch, one at Fairfield, and three at Masterton, also pleaded guilty to charges that he burgled four premises at Invercargill and one at Dunedin, and unlawfully took a trailer at Dunedin. Sergeant Townshend said that in the Invercargill burglaries Garbett stole property worth £llOB. which be took to Dunedin. In Dunedin he and other burglars stole a large quantity of clothing and a safe, which they dumped in the sea after they found it was empty. Some of the proceeds of the other burglaries were dumped in the sea and others burled.

Mr Blunt submitted that Borstal training might be the proper sentence to impose on Garbett. even though it was his second appearance in court for numerous and - serious burglaries.

The Magistrate said he doubted whether a term of Borstal training would be long enough. The offences were all of a professional type, and in spite of his age Garbett was just a professional burglar. “I suppose we will catch up with him again," the Magistrate said, and sentenced Garbet to Borstal training on each of the charges. FOUND ON PREMISES Peter Clive Buchanan, aged 29, and David Douglas McDonald. aged 37, were convicted and remanded in custody to June 30 for sentence on charges of breaking and entering Andrew's Minimarket, 192 Wainoni road, yesterday, and breaking and entering the factory of Rokflre Distributors, Ltd., on or about the same day. They pleaded guilty, and were represented by Mr R. G. Blunt.

Detective-Sergeant D. Porteous said the men were found inside the minimarket with a large quantity of cigarettes and some money in their possession. They had forced the front door. McDonald’s car was parked nearby, and in it was found 20 car batteries, which they admitted stealing from the Rokflre factory. They were intoxicated at the time. CHARGES ADMITTED

When a constable asked the driver of a car in Cathedral square to stop, a passenger in the back seat called out indecent words, Detective-Serg-eant Porteous said when Donald Lindsay Stewart, aged 20, a moulder (Mr R. L. Kerr), pleaded guilty to charges of using Indecent language and resisting the police on June 18. He was fined £lO on each charge. Stewart was told to get out of the car and that he wa'< under arrest, but he ran off down High gtreet, and was arrested after a chase, said De-tective-Sergeant Porteous. Mr Kerr said the constable was not in full uniform at the time, and Stewart did not know he was directing his words at a policeman. The constable told him he was to be taken in, so he stood around, but when bystanders encouraged him to leave the scene.

SHOPLIFTING Margaret Wood, aged 30, a housewife, was fined £lO and placed on probation for a year on a charge of stealing clothing valued at £5 4s lOd, the property of Hay’s, Ltd. She was appearing for sentence. Mr D. M. Palmer, who appeared for the accused, said Wood had a troubled background before her marriage when she committed the two previous offences. When she took the goods from Hay’s. Ltd., she was under a considerable strain. She was kind and helpful to others.

STOLE GLASS CUTTER A youth whose name was suppressed (Mr I. C. J. Polson), pleaded guilty to a charge that on May 21 at New Brighton he stole from Millners, New Brighton, Ltd., a glass cutter valued at 6s. He was convicted and remanded to June 30 on bail for a probation officer’s report and sentence.

Detective-Sergeant Porteous said the youth had been seen by an assistant at Millners to place a red-handled object in his jeans pocket and then wander around the shop before leaving by a rear door to the car park where the assistant stopped him. DISORDERLY BEHAVIOUR

Thomas Arthur Ellis, aged 19, a cleaner, pleaded guilty to a charge that on June 23 in Moorhouse avenue he behaved in a disorderly manner. He was convicted and fined £B.

Detective-Sergeant Porteous said that in the early hours of yesterday morning a police patrol had requested two youths who had been drinking to go to their homes. Later one of the youths had been arrested for drunkenness and placed in the patrol car. Ellis had got into the car also after saying he wanted to stay with his friend. Ellis was removed from the car and again tried to get into it and was himself arrested. DISCHARGED Pleading guilty to a charge of falling to return a rental car belonging to C. L. Rhodes. Ltd., on May 10, Alexander Currie Wingate, aged 21, unemployed (Mr R. G. Blunt), was convicted and discharged. Mr Blunt said Wingate was serving an 18 months’ prison sentence imposed on him last week for burglary. Charges of conversion and burglary were withdrawn at the request of the police. ROGUE AND VAGABOND Gloria Anne Cassidy, aged 17, unemployed (Mr D. M. Palmer), was placed on probation for 18 months with the special condition that she live and work where the probation officer directed when she appeared for sentence on a charge that on May 10 at Christchurch she was deemed to be a rogue and vagabond when she collected money by falsely representing that she was collecting for the poor and for orphanages. The Magistrate said that the Court took the view that those who imposed on the public’s charity were perpetrating a “pretty mean trick.” FINED £2O Appearing for sentence on a charge of stealing a radio from Sedley Wells; Ltd., on June 3, Anthony Raymond Stewart, aged 23. a workman, was fined £2O. WILFUL DAMAGE Two youths whose names were suppressed were convicted and fined £5 each on a joint charge of wilfully damaging wallpaper and ashtrays in the Copper Cat Restaurant on March 27. One youth was also fined £5 on a charge of wilfully damaging a chair. They pleaded guilty and were represented by Mr R. L. Kerr. FINED £lO John William Leonard, aged 24, a workman (Mr R. L. Kerr), appeared for sentence on a charge of theft of a radio, suit, jacket, and shirt of a total value of £B7 Is on June 3. He was fined £lO. SUSPENDED SENTENCE ■ack Matatia Cowan, aged 19, unemployed, was ordered to come up for sentence in six months if called upon when he appeared for sentence on a charge of being idle and disorderly on June 14 and that he had insufficient lawful means of support. OBSCENE LANGUAGE Owen David Buckingham, aged 20. a student (Mr L. M. O'Reiliy), pleaded guilty to a charge that on June 22 at Lancaster Park he used obscene language. He was ordered to nay £lO towards the cost of prosecution and discharged under Section 42 of the Criminal Justice Act. FALSE PRETENCES For obtaining a radiogram worth £ll9 from Sedley Wells, Ltd., on April 21 by falsa preuncas, lan Alexander Duncan, aged 45, a machinist (Mr J. R.

Milligan), was convicted and remanded on ball to June 30 for sentence. He pleaded guilty. STOLE CARDIGANS Adrienne Rona Tate, aged 17. a shop assistant (Mr M. J. Glue), was conviced and remanded on ball to June 30 for sentence on a charge of stealing two cardigans worth £3 10s lOd from McKenzies, Ltd., High street, on May «. She pleaded guilty.

(Before Mr K. H. J. HeadUen, S.M.) ADJOURNMENT GRANTED

The hearing of two charges of breaches of the Noxious Weeds Act against Edward Francis Barrar, aged 64, a clergyman and farmer, was adjourned without a decision until December 1 to give him an opportunity to finish the work he has been doing on his Heathcote property in clearing gorse and hawthorn. Barrar had been sent notices informing him that he had to clear his property of gorse and hawthorn before December 31, 1965, said Mr W. H. Fawcett, a noxious weed inspector. He appealed to the Heathcote County Council against the date set for the clearance of the hawthorn and was sent a further notice Informing him that the date for the clearance of noxious weeks had been extended to January 31, 1966. Barrar claimed that this applied only to the hawthorn as this was the notice appealed against. The Magistrate ruled that the term “noxious weeds” was confusing and he would not find against a person who had misinterpreted it.

When he adjourned the hearing, the Magistrate said that he took into account that Barrar was doing the work by himself and had, in fact, done a lot of it. MISCELLANEOUS CASES In miscellaneous prosecutions, convictions were entered and fines imposed as follows, with costs £1 10s on each charge:— Failed to furnish return of income: Samuel lan Cardwell, £10; Charles Douglas Cowan. £3; Alexander Hay (four charges), £4O, ordered to pay solicitor’s fees 12gns.

Failed to close shop: Geoffrey James Patterson, £5. Failed to ensure child’s attendance at school: Trevor Hughes, £2.