Man granted discharge for army career

A CROMWELL man found guilty of assault and stealing car parts has been granted a discharge without conviction because he plans to join the army.

James Henry Francis Morris (17) was found guilty of assaulting Reuben Jagger in Frankton on August 5 last year, following a trial before Judge Mark Callaghan in the Queenstown District Court last week.

At his sentencing on Tuesday, Morris also pleaded guilty to a joint charge, stemming from a separate incident, of stealing car parts valued at $500, on January 19.

Counsel Louise Denton said the defendant’s only involvement was to be in a vehicle with his cooffenders when they took parts from an abandoned car.

The ‘‘lead offender’’ had been granted diversion.

Judge Callaghan discharged Morris without conviction on both charges, on the grounds the defendant wanted a career in the army and convictions might postpone or rule out such a career.

Morris was aged 17 and three months at the time of the assault and was a first offender, so it would be ‘‘unjust’’ to enter a conviction, Judge Callaghan said.

The lead offender on the theft charge had been granted diversion, so it would be unfair to penalise Morris by imposing a conviction on that charge.

Giving evidence at Morris’ trial on March 22, the victim, Mr Jagger, said at 6.30pm he went to a Riverside Rd house where he, his thengirlfriend Alice Ward and the defendant were staying.

He was met outside by Morris, who was ‘‘screaming’’ at him that Miss Ward had broken into the house, and accused him of calling the police and ‘‘narking’’ on him.

He went inside to find his belongings had gone and the room he shared with Miss Ward ‘‘trashed’’.

He tried to call Miss Ward, but could not because his cellphone’s battery was dead.

Worried for her safety, he began walking to her father’s house at the Frankton Motor Camp.

On the way he saw the defendant, who asked why Mr Jagger was following him.

The defendant then approached and punched him on the left temple.

Summing up, Judge Callaghan said photos showed significant bruising of Mr Jagger’s left eye and temple.

Although the assault had occurred at night, the victim had seen Morris’ face in the street light and recognised the yellow backpack he was wearing.

He accepted the main points of Mr Jagger’s evidence and found Morris guilty of the charge.

Another charge against Morris, of threatening to injure Miss Ward with intent to frighten her, also in Queenstown on August 5, was withdrawn at the police’s request, after Miss Ward gave evidence.