A YEAR'S IMPRISONMENT.

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

A YEAR'S IMPRISONMENT.

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 Ccnstable Todd, who was killed some months ago towards the end of a "joyride" in Fox's car, was this morning brought before Mr." Justice Stringer for .sentence. Mr. H. K. OsUer__made a strong appeal for probation, but his Honor impressed the great' necessity for the protection of the public from reckless drivers, and sentenced Fox to one year's' imprisonment. 1 Prisoner's mother gave evidence as to the general good character of her son, who was a steward on the Niagara before becoming taxi-driver about two years ago, stating that Fox maintained both her and himself out of his earnings. I 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! he 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 ap-. plication was unusual in a, ca£e of man-! slaughter, observing that Fox had' already been greatly punished by the loss i of his license and his car and by the months of worry while av.'aiting trial. The ofTence was one of weakness rather than criminal negligence, and Fox had been led by an older man, ConstableTod, 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 J that had any respect for its obligations ] could hardly have arrived at any other j verdict. If I had to deal with this j young man alone I should feel 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, bub also as a deterrent to others. I am impressed very much' by the fact tha-t 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 to a long term of imprisonment. "I feel, in view of the increasing frequency of accidents, I have a duty to the community where there is a clear case established to pass a sentence which will have an effect. I think, in the interests of the community, and of careful drivers who have some respect for the rights of others using the thoroughfares, that unless something of that sort is done our roads will soon become the happy hunting ground of road hogs. "I am anxious to give every weight to the recommendation of the jury to mercy, but it has hardly an application to the case that this young man was induced by an older man tii go on this drive. That man has paid the penalty— he lost his life. , j "But I will give. due regard to the recommendation, and I will liear in mind that this young man had practically an unblemished character, and T think I will be justified in passing a sentence which, having regard to the circumstances, will be a light one. "I do not accept the theory of the defence that,was set up on the prisoner's behalf, and I think it is rather ah aggravation than a palliation of the offence if that were the true- explanation. 1 think this young man was foolishly lod away into a joy-ride, that he took a good deal more liquor than was good for him, and that his judgment was absolutely impaired therjly. Taking all the circumstances into porisi-Wa-iori. 1 will pass a sentence whicluj hope will have some effect in deterring others from being careless in this .way. I must pass sentence of one year's imprisonment." Fox, who had gone very white towards the end of his Honor's address, was then removed to his place of punishment.