From the Courts

Press charge sheets are given by the Police to members of the Press before the Court begins, to enable the correct charge and name of the defendant to be recorded. If the accused is a European New Zealander no mention of his race appears on the sheet. If the accused is a Maori this appears on the sheet. Another subtle form of segregation?

In the Lower Hutt Court a young man was fined $1 00 and placed on probation for one year on a charge of theft from his employer. Mr Patterson SM stated that this type of offence where an employee steals from an employer is causing a great deal of concern and is an embarrasment far beyond the $6.50 value of the goods. No mention was made about what employers steal from employees, of course.

A young man pleaded guilty to a charge of breaking and entering. His lawyer in mitigation referred to a recent TV programme on a Detention Centre and suggested that the Court might impose such a sentence on his client together with a fine and restitution. The lawyer further stated that on his advice his client had been helpful to the police. Mr Patterson SM sentenced the defendant to an adult work centre and probation. Whose interest was the Lawyer acting for, his client's or the Courts?

A middle-aged man appeared on being found unlawfully on premises. It was obvious that he was undergoing medical treatment and the question of intent could have been raised. However the defendant pleaded guilty. Mr Patterson SM stated that the defendant had the sympathy and understanding of the Court. This was very short lived as the Magistrate imposed a fine of $50.

A young man appeared for sentence on a charge of assaulting his wife. Police alleged that the defendant punched his wife in the face several times. This resulted in a number of loose teeth, swollen eyes and a possible broken nose. There was also blood on the face. Counsel for the defendant stated this his Client was on anti-depressant drugs and was concerned about his wife not arriving home at nights. Mr Patterson SM stated this his offence was not accepted in a civilised community but may be accepted in some other communities. Did he mean this Polynesian came from an uncivilised community?

A young Maori man appeared on a charge of getting into a Holden, the property of Murrell Motors. When asked whether he wished to be dealt with by this Court or the Supreme Court the defendant pleaded guilty, showing he did not understand what was going on. Mr Patterson SM asked if there was a Maori Welfare Officer in Court. There wasn't. The case was stood down for a short while. Later with a lawyer acting for him the accused pleaded guilty. The lawyer made an attempt to speak in mitigation for his client—but how can a lawyer successfully mitigate for a client with only 10 minutes briefing?

A young man pleaded guilty to a charge of using obscene language. Mr Patterson SM asked the defendant why he did not live at home. "Because I don't agree with my father," came the reply. "Well I don't agree with you either," replied Mr Patterson. Like a rehearsed event a snigger rippled through the court. Defendant was fined $50 and $5 court costs.

Some people charged in court plead guilty to the offence and engage a counsel to make mitigating remarks on their behalf. Some counsel stumble and mumble, mentioning their client was drunk or that he never appreciated the extent of the offence, and then resume their seat. This is highly unsatisfactory and occurs more frequently when the defendant has been given legal aid. Speeches in mitigation are important for giving the Magistrate factors about the defendant so that a lesser sentence can be imposed. Lawyers should treat them more seriously.