ADEQUATE PUNISHMENT.

Auckland Star, Volume LII, Issue 56, 7 March 1921, Page 2

ADEQUATE PUNISHMENT.

FOR MOTOR CAR DRIVER. , IX KAUAXCAIIAPK ROAD SMASH. The sensational motor smash in Kiiruiipihnpe I toad about, midnight of , K.-bruary II was recalled at th.- Police ('<iurt this morniiiir. when the driver of the ear. John Herbert Ferguson (.Mr. R. ; Moody) was charged with Ihmii" drunk when in eharfje of tie conveyance. Mr. Moody asked the lien'rh to exercise i its jurisdiction miller section Is of the . Oirenders" I'roliation Act. It must i b<- i-iinfpHwd. he said, that the accused . had had a small amount of liquor, and ; this fact and an attempt to evade the : safctv /.one in which a turn was made too i|uiekly contributed t<, the accident. , The accused, who was on crutches. w»s ■<iill ficttiny treatment at the hospital, and counsel considered that the injuries 1 and the reparation that he w.uild have t<. .' make for the broken window, about I'JiO, and Ow damage t<, the car. were sullieient punishment. The aecuwd Huffcn-il | , from malaria, a war disability, and was I in receipt of i, pension for the" same, and ii conviction lead to a curtailment i of thiH. i SfMiior-Serpeant Kawle. referring to the accident, explained thai the car was observed travelling at an estimated speed , of sixty miles an hour about 11.10 p.m. i on I-Ybniary II with four occupants, and apparently the tyre burst and the car 1 Kot out of control and crashed into the wrandah posts mid plate plasa window. One.nf the occupants had two ribs brok'-n. Mr. I'ovnton. S.M.. coneurrei] in the' contention that the accused had been well-punishe.l. and that a conviction . miffht prejudicially affect his future Kvcn his conduct wa* prac.tic.illv equivalent to inviting tragedy. )u« did not think there was need for further punishment. As had been frequently done IK-fore. the ease would l>e dismissed under section 02 of Uie .Justices of the! I'eaee Act. I