Magistrate’s Court Three Months Gaol For Theft And... (Press, 23 September 1967)

On 23 September 1967, the Magistrate’s Court addressed several criminal cases, notably sentencing James William Burgess, a 27-year-old grocer, who faced multiple charges of theft and false pretences. Burgess, previously convicted 14 times for theft and nine times for false pretences, appeared for sentencing over offences committed between 19 August and 1 September. His lawyer, Mr J. M. Wilson, argued that Burgess's actions were linked to his mental illness and that he had previously received support from a woman, whose absence during her holiday had led to his relapse into crime. The Magistrate, Mr P. L. Molineaux, acknowledged the support from the woman but highlighted the importance of holding Burgess accountable for his actions, stating that mental health conditions should not be used as an excuse for criminal behaviour. Consequently, Burgess was sentenced to three months in prison on each charge, to be served concurrently, and was placed on probation for one year, along with an order for restitution of $95. The court also dealt with other cases, including that of 17-year-old Nanette Gail Tipa, who received a suspended sentence for theft, pending her appearance within six months if called upon. Barrie Paterson Sinclair, a student, was fined $14 for careless use of a motor vehicle. R. R. Prince Ltd was fined $16 for exceeding a heavy traffic licence, and Peter Morice Lines, another student, was fined $10 for failing to stop at a stop sign. James Meager Smitheran, 44, was fined $150 for stealing a raincoat and rug from a parked car, with the Magistrate warning of harsher penalties for future offences of dishonesty. David John O’Brien, a metal presser, was fined $10 for unlawfully entering a Transport Board bus. Lena Lewis, 48, was fined $6 for being found drunk on the wharf, with a four-day prison term in default of payment. Several traffic offences were prosecuted, with various individuals fined for not notifying a change of motor vehicle ownership, failing to give way, and operating vehicles without a warrant of fitness. In a more serious case, Paul Brian Herrick faced his 20-year-old son in court after the son assaulted him following an argument. The adult son was fined $40 and ordered to cover medical expenses for his father's injuries. The Magistrate remarked on the persistent trouble stemming from the family's issues and indicated that further actions could be necessary if such behaviour continued. Overall, the court addressed a range of offences highlighting issues of theft, traffic violations, and familial violence while stressing accountability and the implications of mental health in criminal behaviour.

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