Prison after no social conscience

Ruapehu Bulletin, Volume 9, Issue 387, 21 May 1991, Page 7

Prison after no social conscience

The following cases were heard by Judge R.L. Watson of Wanganui in the Ohakune District Court last Friday. Detective Larry Meredith of Ohakune appeared for the police prosecution and Traffic Officer Ian Harrison appeared for the MoT Riki Martin Surton,32, unemployed of Rangataua, appeared for sentence on a total of 12 charges reported earlier in the Ruapehu Bulletin following last month's court sitting. These included driving while disqualified(5 charges), receiving(2), careless driving causing bodily injury, wilful damage, using a motor vehiclc without authority, affixing unauthorised registration plates, burglary, and in the most recently reported case (though it occurred on 3 March) during a spate of offences over a 2-3 month period involved the taking of a Ford tractor valued at $10,000 from Marton. Court heard how defendant had "hot-wired' th& tractor at Marton on 3 March and driven it north until it had run out of petrol near T aihape in the early hours of 4 March. In his summing up Judge Watson, who had been asked by defence counsel to consider a sentence of community service, described defendant as a menace and danger to society. "In saying you would neither stop driving nor indulging in burglaries when you felt like it" you have shown no social conscious towards the community and no

respect for the law and this court". "It is obvious you have a low intellect but the court is concerned with your attitude towards offending and the reaction of the community .If as you have said you have no intention of stopping either drinking or driving, a custodian sentence must be imposed to protect society. On the 5 charges of driving while disqualified a sentence of 9 months imprisonment was imposed. On the charge of careless driving causing injury, a one month prison term was imposed. On the wilful damage charge(to police property at the Ohakune police cells) a sentence of 14 days jail was imposed. On the two receiving charges a 6 months jail sentence was imposed. These last two were to be concurrent, but cumulative with the others making a total of 15 months imprisonment with 15 months disqualification on all charges. Counsel Paul Brown Careless Driving Kathryn Dench,29, of Palmerston North, pleaded guilty by letter to a charge of careless driving on 29 December. Court heard how defendant was involved in a two car head-on collision after her vehicle had crossed the centre line on the Desert Road near Turangi. Defendant explained that she travelled an average 37,000 Kms each year and, on the day in question, she failed to negotiate a particularly

bad bend in the road because of the condition of the road, which was extremely slippery because light rain was falling at the time. Evidence was produced from Turangi Motor Bodies that this was a notorious bend in the road known affectionately by locals as "Paddy's Corner" and accounted for many accidents. Defendant was convicted and fined $300 with court costs of $65. No period of disqualification was imposed. Excess breath alcohol Gary Wayne Rapana,41, shearer of Wanganui, pleaded guilty to a charge of driving with excess breath alcohol on SH49 ( Raetihi Road) on 18 April. Defendant was found to have had a breath alcohol reading of 450:1 which is equivalent to two jugs of beer. He was convicted and fined $400, and court costs of $65 and disqualified for the minimum period of 6 months. Disqualified Donald Alfred Sattler,45 area manager of Raetihi, pleaded guilty to one charge of careless use of a motor vehicle and to one charge of driving with excess breath alcohol in Grey Street, Raetihi, on 13 April. Court heard from counsel that defendant had been drinking wine coolers at a local club until he was offered and accepted a nip of whisky as "one for the road" from a friend. On leaving the club defendant, who had been on medication, suffered a temporary blackout and struck a Give Way sign before coming to rest on a property neighbouring his own home in Grey Street. Judge Watson described defendant's action in accepting the offer of a "one for the road" drink as an error of

judgement which had marred his hitherto 30 years driving experience without fault. "That last drink probably just took you over the limit", he said. On the charge of driving with excess breath alcohol defendant was convicted and fined $500, and court costs of $65 with a six month minimum disqualification imposed. On »the charge of careless use of a motor vehicle, he was convicted and fined $200, and court costs of $65. Counsel Paul Brown. Possession of firearm Nicolas David Vallance, 22 millhand of Raetihi, originally appeared on two charges but after the charge of using a cheque with intent to defraud was withdrawn by leave, defendant pleaded guilty to a charge of being in possession of a .303 calibre Parker Hale rifle on 13 May while not being a holder of a firearms licence. Court heard how defendant had been asked by a friend who was currently serving a term of imprisonment, to look after the firearm. Defendant had subsequently loaned the rifle to a flatmate who did hold a current firearms licence and thought by doing so, there was "nothing wrong" with this arrangement. The police now hold this rifle and defendant was told that it wouldn't be released to him until he had obtained a firearms licence. He was convicted but not fined. However he was ordered to pay court costs of $65 and bound over for 6 months. Failed to file return Kenneth Prince, shearing contractor of Raetihi, pleaded guilty to failing to file an income tax return for the past 5 years from 1986. Court heard how defendant had kept salary reeords for his employ-

ees over this 5 year period but disliked book work and had just "switched off" as far as his own return was concerned because he believed that, had he put in a return, he would have been entitled to a refund from the Inland Revenue Department. In his summing up Judge Watson said that, from the evidence before him, there was no intention to defraud but it was the legal liability of every taxpayer to furnish an income tax return every year. "As a result of your not furnishing a return for the past 5 years you will have incurred considerable accountancy expenses( estimated to be between $2000$3000) to get the matter cleaned up within the next 3 weeks, so I will impose a fine of $100 plus court costs of $65 on , each of the 5 charges." "I have taken into ,account that you have lived in this community since you were two years of age and, as a shearing contractor, have trained many local people but every taxpayer knows that an income tax return must be completed and furnished," said Judge Watson. Mr Paul Brown appeared for the Inland Revenue Department. Mr Brian Mason appeared for the defendant. A 'prank1 misfires Darrel Shaun McLeod, 27 driver of Raetihi, pleaded guilty to a charge of theft of an item valued at less than $500 in Mt Maunganui on 14 January. Court heard how defendant was alleged to have taken an oil filter cap from a vehicle(a Ford Fairmont) in a motor dealers car yard. However, when asked to explain why he had taken a Ford Fairmont oil filter cap (similar to the vehicle he was driving at the time), defendant said that he had not

'taken' it but merely 'removed' it. Asked why he had done this.he explained it was a 'prank' because an employee of the car saies yard had earlier smeared his windscreen with oil. To get his own back defendant said he knew that by removing the oil filter cap, oil would be sprayed onto the underside of the bonnet when the engine was started up and the car yard employee would have to clean it up.

Court then tried to determine whether the charge should have been one of 'theft'( because the defendant claimed the oil filter cap had been left beside the battery in the dealer's Fairmont) or one of 'interfering with a motor vehicle'. It was decided that the original charge of theft should stand and defendant was convicted and fined $100, and court costs of $65.

Counsel

Brian Mason