"HIT AND RUN."

Auckland Star, Volume LXX, Issue 102, 3 May 1939, Page 6

"HIT AND RUN."

COMMENT BY JUDGE, j INTERPRETATION OF ACT. * tVLIJiG TO SB SOUGHT. (By Telegraph.—Own Correspondent.) DUNF.DIS", Tuesday. The opinion that the interpretation of the section of the ?>r<itor Vehicles Act povprninjr what are popul.irh' known as "hh and run"' was a question on which a ruling im.vlit well !>'.■ from a. higher Court v,as cx-pre-.-ed by .Mr. -hi-tice Blair durinir the bfsiiiny of a iu the Supreme Court in-day. The Act lTi'smbc* that a ii:i'l"ii<~t who has been invited iu an iiu'iib'in inu-1 take steps to ascertain what [>pi - mii!.» have l>c. n injured and inii-t lender all prariicablu a-sUtaiK-c. In hi<> i-harirc to tlie Grand Jury his Honor rei'cired to this puint and said hat in i-'.iile of t',:e wording of the Act ie intcii'.lcil to direct tlie jury that the fait, that a pfir-nii had been killed did not e.\:-u-e ir.e other person involved in an net idi'iit f:'o:,i pro J back and dcinj; whnt war. i!v'.-i --ary, although the victim wn« beyond huinnn aid. ]u tiii.s case a man a motor truck had collided ui'h a man and a '_'i!'l on a motor cycle .Hid both pci:i)i:s on the motor cvcle had been killed. Lati i-, vv ;,en Ihe Crown 1'; n-ccu! or, Mr. I-'. J , .. Adams, v> as addre-iu.u tlie ( ulllt lie said he .llilii ip.ited it would lie .suiiinitted for the dtlcme tii.it the two ])fii|i!e were killed tiin II it a lieuil.-l V. but on the evidence that was not shown and some ai-j-ialaiice mi.ulit llUM! kvu practicable if aecu.-e.l had puiloinied the duties leijuiicd of him. "1 am inclined to think that I should direct the ji'iy further," said Li la ll<»nor. •"It doers not seem to me that the .statutory duly to reiidei as-MstHJice in not dUcliarjjed by merely looking to see whether a person has been killed. I think thio is an important enough point to have the opiniuu of a higher Court." Mr. Adams: 1 have been informed that a similar case arose before Mr. Justice Kennedy at some yeai.s ago, an<l 1 think tlie judge gave a direction then. "I have heard of that judgment," his Honor replied, ""but I thiuK this is u. point on which we may well seek tlie judgment of a higher Court. That pha.-e ol the matter should be put correctly, since if the wording of the Act id to be followed absolutely it v. ould that a motorist wiio Kills a person is. luckier than one who simply injures jsoiucuody."