MAGISTRATES COURT Nine Months’ Gaol For Taking Van

Press, Volume CVI, Issue 31118, 22 July 1966, Page 7

MAGISTRATES COURT Nine Months’ Gaol For Taking Van

Carl Edwards, aged 24, a painter (Mr R. de R. Flesher) was imprisoned for nine months when he appeared for sentence in the Magistrate's Court yesterday before Mr H. J. Evans, S.M„ on a charge that on July 5 he unlawfully took a van valued at £225, the property of Peter Jack Yeates.

Kenneth Kupu Hokai, aged 24, a dustman (Mr R. G. Blunt) who was charged jointly with Edwards, was admitted to probation for 18 months.

Mr Flesher said that Edwards, who was a disqualified driver, had played a passive role in the offence. He had not driven the van. Mr Blunt said it was a tragedy that Hokai had appeared before the Court again. Over the last 18 months he had shown both an improved work record and also an improved responsibility toward other people’s property.

“Then he goes and gets drunk and commits this offence,” Mr Blunt said.

The Magistrate said that though the two accused appeared for sentence on a joint charge, he was satisfied, though not without some hesitation, that Hokai should be given another chance and in releasing him on probation he imposed the special condi-

tions that Hokai live and' work where the probation officer directed, pay £5O toward the cost of prosecution and that for the first 12 months he take out and maintain a prohibition order. Edward had had probation on a number of previous occasions, Borstal training, and in July, 1965, had been imprisoned for nine months, said the Magistrate. If he thought the sentence he had just imposed on Hokai was appropriate in Edwards’s case then he would have imposed it. However he did not think that was so. The probation officer’s report on Edwards said he had three times previously been placed on probation and in each case he had committed irresponsible and criminal offences, and the probation service had no recommendation to make on Edwards in the circumstances. STOLE BEER KEG lan Thomas Drabble, aged 18, an apprentice plasterer (Mr R. L. Kerr), pleaded guilty to a charge that on June 24 at Oxford he stole an 18-gallon beer keg valued at £2O, the property of William Henry Haile. He was convicted and fined £l5. Sergeant F. G. Mulcare said that Haiie on June 24 had complained to the Rangiora police that Drabble had been seen by one of Ms employees to take an empty beer keg from outside Ms hotel at Oxford Mr Kerr said the Incident arose from a drinking party, held to celebrate the forthcoming marriage of a friend of Drabble. ASSAULT A young married man, whose name was suppressed In the interim (Mr I. C. J. Polson) pleaded guilty to a charge that on April 12 he assaulted a young girl near the intersection of Wilsons road and Hornbrook street. He was convicted and remanded on bail for sentence on July 28. Sergeant Mulcare said that about 7.30 p.m. on April 24 a 16-year-old girl was cycling home in the dark along Wilsons road. At the intersection with Hornbrook street a man had run out at her from the dark and grabbed her cycle. The girl screamed. When interviewed by the police in July the defendant had said he was glad the police had caught him as he had been concerned about his recent conduct, said Sergeant Mulcare. CHARGE ADMITTED Kenneth Gordon Crossley, aged 17, a machine operator, pleaded guilty to a charge that on July 1 at Christchurch he had unlawful sexual Intercourse with a girl aged 13 years six months. He was convicted and remanded in custody for sentence on July 28. Sergeant Mulcare said that on July 1 the police had been called to a domestic dispute. As a result Crossley had admitted to the police that he and the girl had been living as man and

wife in various part* ot New Zealand. Crossley told the police that he had met the girl in Auckland during the May holidays. Shortly after she had told him she was 13 years of age and that she had run away from home. A complaint had been laid against the girt In another Court. Sergeant Mulcare said. STOLE BOTTLES Charged with stealing four crates of empty bottles from the Edgeware road yard of Quill Morris Cowles. Ltd., on July 19. Edward Tuma Tokona, aged 29, a machine operator, was convicted and remanded on bail to July 28 for sentence. He pleaded guilty. Sergeant Mulcare said Tokona admitted selling the bottles to a dealer because he was short of money. THEFT OF AMPLIFIER Peter Balozs Patonia, aged 27, a barman, was convicted and remanded on bail for sentence on August 1 on a charge of stealing an amplifier valued at £lO4 10s on November 5 from Audio Centre, Ltd. Patonia pleaded guilty. Sergeant Mulcare said that on November 5 Patonia purchased an amplifier valued at £lO4 10s from Audio Centre, Ltd., Auckland. He obtained £3B 10s as a trade-in on another amplifier. After paying three instalments of £3 Patonia pawned the amplifier. He assured the pawnbroker that the amplifier was fully paid for and was given £3O for it. He paid £3 to the Audio Centre which left £49 still owing. STOLE MOWER “The defendant was quite unconvincing and in my opinion was not telling the truth,” said the Magistrate when he convicted Gene Tyron, aged 67, retired (Mr D. H. P. Dawson), on a charge of theft of a motor mower worth £5 from a house at Purau on June 27. He pleaded not guilty. He was remanded on ball to July 28 for sentence. OBSCENE LANGUAGE Pleading guilty to a charge of using obscene language in the public bar of the W’est Melton Hotel on May 30. Neville Frank Sutherland, aged 48. a farm worker (Mr R. G. Blunt), was convicted and fined £lO. TOOK CAR Charged with unlawfully taking a car worth £l5O at Dunedin on April 4, Russell Graham Barton, aged 18, a workman (Mr R. G. Blunt), was convicted and remanded on bail to July 28 for sentence. He pleaded guilty. NAME SUPPRESSED Charged with unlawfully taking a bicycle worth £l5 on September 26, 1965, a youth, whose name was suppressed (Mr R. G. Blunt) was convicted and fined £2O and ordered to make £4 15s restitution. He pleaded guilty. INDECENT DOCUMENT A man, whose name was suppressed in the interim, pleaded nto a charge that on May e delivered an Indecent document to a woman. He wks convicted and remanded on bail for sentence on July 28. FINED £2O A youth, whose name was suppressed (Mr B. J. Drake), pleaded guilty to a charge that at Otematata he attempted to have unlawful sexual intercourse with a girl aged 15

years. He wae convicted and fined £2O. REMANDED Thomas Henry Pink, aged 35, a workman, who was to have been sentenced yesterday on charges of obtaining credit by fraud, burglary, attempted false pretences, and theft, and Barry James Richards, aged 27, a carpenter, who appeared for sentence on two charges of obtaining credit by fraud and one of burglary, were both further remanded in custody to Monday for sentence. Edward Cedric Shave, aged 43, unemployed, was further remanded in custody to Monday for sentence on two charges of obtaining credit by fraud and one charge of committing a breach of probation. (Before Mr K. H. J. Headlfen, S.M.) FINED £25 James Andrew King, aged 17, a drainlayer’s labourer, was fined £25, was ordered to pay medical expenses of £3 3s, and had his driver s licence cancelled for three-years on a charge of driving under the influence of drink or drugs on Norwich quay, Lyttelton. He pleaded guilty. Mr K. N. Hampton appeared for the accused. ASSAULTED BOY Anthony Robert Joyce, aged 24. a storeman, was fined £l5 and was ordered to pay witnesses’ expenses of £3 when he was convicted of a charge of assaulting a boy, aged 12, on June 4. He pleaded not guilty and conducted his own defence. COSTS ONLY Francis Ronald Tait, aged 42, a workman, was ordered to pay costs on two charges of procuring a firearm and one of delivering a firearm without a permit. One charge of delivering a firearm without a permit was dismissed. He pleaded not guilty to all charges and conducted his own defence. FINED FOR THEFT Godfrey King, aged 21, was fined £8 and was ordered to pay witnesses expenses’ of £5 when he appeared for sentence on a charge of stealing an outboard motor, valued at £BO, the property of Leslie Water. Mr M. J. Glue appeared for the accused. (Before Mr E. A. Lee, S.M.) CHARGE DISMISSED A charge against Ruby Frances Mikkelson, aged 59, a sales assistant (Mr L. M. O’Reilly) of knowingly receiving an investment from a person apparently under the age of 21 while a servant of the Canterbury Park Trotting Club, on May 28, was dismissed. The case was adjourned on Tuesday, when Mr O'Reilly submitted the prosecution had not made out a prima facie case. The Magistrate ruled yesterday that a prima facie case had been established. It was not sufficient for Mikkelson to say she thought the boy was over 21, but she must give evidence to establish reasonable grounds for the belief, he said. Giving evidence Mikkelson said she had been employed as a totalisator clerk for more than 22 years and had frequently asked persons about their ages. The boy looked to be over 21, she said. John Bryce Frank Wright, man-

ager of the totalisator, said he would have had no hesitation in selling the boy a ticket. John Daniel Davis, retired, senior supervisor of the totalisator said most age disputes during race meetings were referred to him. The boy was neatly and quietly dressed. “I also would have sold him a ticket," he said. The Magistrate said the test was whether be could be left in reasonable doubt if the purchaser appeared to the defendant to be over 21. Two other experienced persons said the boy appeared to be over 21, said the Magistrate. When he saw him, he looked to be a boy but it was their view at the time that was material. IMPRISONMENT When he appeared for sentence on a charge of escaping from custody on July 8, Peter John Joseph Turner, aged 22, unemployed (Mr G. R. Lascelles) was convicted and sentenced to 13 months' imprisonment. On a further charge of breakin? and entering the Onawa I.G.A. store on June 5. Turner pleaded guilty. He was convicted and sentenced to six weeks’ imprisonment. Detectoive-Sergeant D. Porteous said that on June 5. the police were called to the Opawa I. store and found two men inside, one of whom was Turner. The Magistrate said Turner was a professional burglar and had an appalling record. DECISION RESERVED The Magistrate reserved his decision on two charges against Port Carriers, Ltd. (Mr H. J. B. Quigley) of operating a vehicle over 60 feet In length on March 11. He also reserved his decision on charges against David Anthony Scapello, a driver (Mr Quigley) of failing to produce his driver’s licence and operating a trailer not equipped with service brakes on March 11. Mr P. C. Champion prosecuted for the Christchurch-Lyttelton Road Tunnel Authority. SMUGGLED RADIOS David John Powick. a harbour board employee, was convicted and fined £25 on a charge of smuggling two transistor radios valued at £lB on June 22. MISCELLANEOUS Failed to furnish return of Income: Charles Charles Cane, £3 on each of two charges; George Maxwell Cane, £3 on each of two charges: Arthur Ernest Payne, £7 10s on each of two charges; John Herbert Smithers, a total of £7 on two charges: Wealleans Oceanic Mercantile Company, Ltd., £2. Failed to close shop; James David Drake, £5; E. F. Morel, £5. DEPOSITED RUBBISH Michael Patrick Howard, a driver, was convicted and fined £7 10s on a charge of depositing rubbish in Cotswold avenue on June 13. Howard Was convicted and fined £7 10s on a further charge of depositing rubbish In Grassmere street on June 15. FINED £5 Brian Griffin, aged 20, unemployed (Mr M. J. Glue), was convicted and fined £5 on a charge of assaulting John Matsis on June 20. Griffin pleaded not guilty to the charge.