Driver Given Gaol Term For Fatal Negligence

Press, Volume XCIX, Issue 29384, 10 December 1960, Page 4

Driver Given Gaol Term For Fatal Negligence

(New Zealand Press Association)

WELLINGTON. December 9. “Our roads are so crowded today that negligent driving is always prone to disastrous consequences and must be deterred so that others may live,” said Mr Justice McCarthy in the Supreme Court at Wellington today. James Johnstone Henderson, aged 36. an assistant foreman, was sentenced to four months’ imprisonment and had his driving licence suspended for five years on charges of negligent driving causing death and negligent driving Causing bodily injury. The charges arose out of an accident on the Western Hutt road on Jive 25 in which the French Charge d’Affaires and his wife, Mr and Mrs GeorgesPicot, were killed and the Counsellor for the French Legation, Mr Billecocq, was seriously injured.

His Honour said he accepted Henderson was a man of hitherto good character and reputation and in passing sentence he would bear in mind that he had been acquitted on the charges of intoxicated driving.

“Let me say I would myself have arrived at the same verdict. The actual proof of being

under the influence of liquor was inadequate, though it is clear you paid at least two visits to a hotel and consumed no small amount of drink.

“I. too, doubted your evidence on that and maybe your consumption was much higher, bit proof of it fell short. “Having regard to the way the case was put to the jury, I conclude they found you we-e wholly on your wrong side of the road.

"If drink is put aside there is only one conclusion and that is that it was a case of negligent driving of a very bad order. I think it amounted to gross negligence,” said his Honour.

“You killed two decent people, who were travelling carefully, and left their children orpnanaYou also maimed another man for life. “It has been said you are moved by remorse. So you should be.

“I’m sorry to see you in thia position, but I view your case as a bad one of its kind,” said his Honour.