A YEAR'S IMPRISONMENT.

Auckland Star, Volume LV, Issue 116, 17 May 1924, Page 7

A YEAR'S IMPRISONMENT.

.—. i — i » ■ ii TAXI-DRIVER SENTENCED. THE KILLING OF TODD. STRONG STRICTURES BY JUDGE. STERN WARNING TO MOTORISTS. John Andrew Fox, convicted of manslaughter in connection with the death of Constable Todd, who was killed some] months ago towards the end of a "joyride" in Fox's cat-, was this morning! brought before Mr. Justice Stringer for j .sentence. Mr. H. H. Ostler jnade a; strong appeal for probation, but hisj Honor impressed the great necessity for the protection of the public from reckless ! drivers, and sentenced Fox to one year s imprisonment. ! Prisoner's mother gave evidence as to the general good character of her son, who was a steward on the Niagara before becoming a taxi-driver about two years ago, stating that Fox maintained both ber and himself out of his earnings. Mr. Ostler stressed the previous good character of prisoner, and submitted that the explanation of the accident given by the defence was a feasible one. No doubt the young fellow drank too much on this occasion, but the fact that lie missed everything e:_e on the road showed that he' was fairly able to drive a car, and the. opinion of counsel was that the negligence was not so gross as appeared at first sight. With great respect counsel asked for probation, though acknowledging that such an application was unusual in a caee of manslaughter, observing that Fox had already been greatly punished by the loss of his license and his car and by the months of worry while awaiting trial. The offence was one of weakness rather than criminal negligence, and Fox had been led by an older man, Constable Tod, who should have known better. His Honor: The prisoner has been convicted of manslaughter as the result of his negligence, and I think that a jury that had any respect for its obligations could hardly have arrived at any other verdict. If 1 had to deal with this young man alone I should feci very much inclined to adopt the suggestion of counsel, and place him on probation. But I think that punishment is inflicted not only for the reformation of the offender, but also as a deterrent to others. I am impressed very -much' by the fact that these motor car accidents (many attended by fatal results) are now of almost daily occurrence. That, I think, is not to be wondered at when it is stated by a witness in this Court (Miller) that it is the practice of professional drivers to pass other vehicles with only a margin of two or three inches. It is, in my opinion, a most reckless way of driving, and if a person is convicted before mc of manslaughter as a result of such driving, I shall not hesitate, in the interest of the public, to sentence him tc a long term of imprisonment. "I feel, in view of the increasing fre quency of these accidents, I have a duti to the community where there is a cleai case established to pass a sentence whicl will have an effect. I think, in the in terests of the community, and of carefu drivers who have some respect for tin rights of others using the thoroughfares that unless something of that sort i: done our roads will soon become tin happy hunting ground of road hogs. "I am anxious to give every weight t< the recommendation of the jury t< mercy, but it lias hardly an applicatioi to the case that this young man was induced by an older man to go on this drive. That man has paid the penalty— he lost his life. "But I will give due regard to the recommendation, and 1 will liear in mind that this young man had practically ar unblemished character, and I think I wil be justified in passing a sentence which having regard to the circumstances, wil be a light one. "I do not accept the theory of tin defence that.was set up on the prisoner'; behalf, and I think it is rather ah aggra yation than a palliation of the oll'enci if that were the true explanation, think this young man was foolishly liv away into a joy-ride, that lie took a gooi deal more liquor than was good for him and that his judgment was absolute! impaired therfly. Taking all the cii eumstances into consideration. I wil pass a sentence whicluj hope will hay some effect in deterring others frot being careless in this .way. I must pas sentence of one year's imprisonment." Fox, who had gone very white toward tbe end of his Honor's address, was the removed to his place of punishment.