ON WRONG SIDE.

Auckland Star, Issue 111, 13 May 1935, Page 8

ON WRONG SIDE.

MOTORIST'S RISK. CAUSED DEATH OF CYCLIST. FINE OF £20 IMPOSED. "At first sight it might appear to be a rather bad case of gross negligence, as Nicholson was driving 011 the wrong side of the road and did not have a license," stated Mr. Garland, when appearing for Albert Claud Nicholson at the Supreme Court this morning. Nicholson came before Sir. Justice Fair for sentence 011 a charge of negligent driving of a motor car, causing the death of a cyclist, George Samuel Walters. The fatality occurred 011 tlie Pokeno-Paeroa Road last November, and accused had pleaded guilty.

'J he charge of not having a license, said counsel, was purely a technical one, as on the day of the fatality accused had bought the car ill the city and was driving it home, intending to get a license, which he had previously liekl, on arrival. There was no suggestion of reckless speed. The only allegation was that he drove over a blind portion of the road —there was a rise of 11 feet — on the wrong side of the road. There was a straight stretch of road about a mile in extent with a number of dips in it. What happened might not happen again in a thousand years.

From the evidence it would seem that it was customary for trafiio to travel on the wrong side of the road at this locality because it was in a better condition. The cyclist appeared suddenly over the crest.

If his Honor thought the case could be met by a fine, counsel asked that Nicholson's circumstances be taken into consideration. He was married, .with two children, and was a share-milker in a difficult position. He had bought the car for £10 and had been able to pay only £8 down.

His Honor said the type of negligence where a driver wont on the wrong side of the road, thinking there was no risk, was very common. The police evidence was that Nicholson was a careful driver and his reputation was exemplary. In the circumstances his Honor thought ho was justified in not imposing a sentence of imprisonment. The sentence would be a line of £20. to be paid within 12 months, in default three months' imprisonment.