Magistrate’s Court Admissibility Of Evidence On Liquor Questioned

Press, Volume C, Issue 29620, 16 September 1961, Page 16

Magistrate’s Court Admissibility Of Evidence On Liquor Questioned

Whether it was admissible for the police to give evidence relating to liquor consumed by the defendant when he was charged only with driving without due care and attention, was questioned by Mr A. Hearn in the Magistrate’s Court. He appeared for Peter Edward Hall, a company manager, who pleaded not guilty to charges of driving without due care and attention in Bealey avenue on the evening of June 11. and having no lights. He pleaded guilty to having no warrant of fitness.

In convicting Hall on the first charge Mr A. P. Blair. S.M.. said he took into account that liquor was a factor in his bad driving. Hall was fined £lO and his driving licence was suspended for three months. The charge of having no lights was dismissed, and Hall was ordered to pay costs only for having no warrant.

The charge arose from Hall’s running into an overturned car which had been involved in an accident in Bealey avenue. Sergeant S. W. Byers said he was at the scene of the accident when he heard a squeal of brakes, and Hall’s vehicle struck the overturned car. He said that the windscreen of Hall’s vehicle badly frosted, with very limited visibility to the left. Sergeant Byers said he noticed a smell of liquor on Hall’s breath, and confiscated his keys. Mr Hearn said it was unfair to introduce an allegation of liquor on a charge of this nature. Hall was given the benefit of the doubt as far as his ability to drive was concerned, and the police had not seen fit to try to prove a more serious charge in which liquor would have been a factor. He had not been examined by a doctor.

Hall in evidence said he had had two whiskies before watching television ’ at his friend’s home, and was driving home at 11.30 p.m. when the accident occurred. He did not think he could have inadvertently turned his lights off when he dimmed them after seeing the vehicle lying on the road. Cross-examined, he said he thought the flashing red light on the police car was another vehicle turning left. The Magistrate said the defendant had conceded driving when his windscreen was frosted, and this was evidence in itself of driving without care.

“Evidence relating to Hall's consumption of liquor is admissible as there is independent evidence of his driving without due care. It is competent for the Court, once the foundation of an offence has been laid, and when evidence of liquor consumption has been given, to infer that the liquor was a factor in the offence,” said the Magistrate. DISORDERLY CHARGE A girl who had come from the West Coast to Christchurch three months ago after a broken engagement and had then been arrested by the police on a charge of being idle and disorderly was discharged without conviction under section 42 of the Criminal Justice Act. The case had been adjourned for three months on the application of the girl’s counsel (Mr W. F. Brown) to give her a chance to settle down again with her family. Mr

Brown said the girl had since “pulled herself together," and had not come to the notice of the police. The girl’s name was suppressed.

FINE FOR THEFT ' ■ William Ross McDonald: was fined £lO when he ap-1 peared for sentence on a charge of theft of £2 from < Eric Douglas Masters on: August 27. The Magistrate said a I prison sentence would be imposed if the accused appeared before the Court again on j such a charge. Mr J. N. Matson said the - theft appeared to be an isolated one. McDonald’s only other previous offence had been commit teed a long time ago. His employer, for whom he had worked for ■ some years, wished to keep I him on, and there was no 1 profit to be gained in sending him to prison, said Mr Matson. (Before Mr E. A. Lee, S.M.)

REHEARING GRANTED An application by Mr P. G. S. Penlington for a rehearing of a charge against Keith John Kittelty, aged 25, a truck driver, of using a motor-car without due care and attention in Ferry road on June 13, was granted. Kittelty pleaded guilty by letter to the charge on September 8 and was fined £lO and his licence was cancelled for three months. The application for the rehearing was made in respect of the penalty only. Mr Penlington said that Kittelty had not been aware of the position regarding suspension of his licence. Kittelty was employed by Service Transport, Ltd., at Scargill, and suspension of his licence would mean he would not only lose his job but also the house provided by the company for him and his family. The Magistrate said that it appeared a suspension of Kittelty’s licence would impose great hardship. Kittelty Was fined £lO. REMANDED Bail was refused when Eric Bevan Rosewarne, aged 18 (Mr B. J. Drake), appeared on a charge of breaking and entering Wardell’s grocery shop in Riccarton on September 7. Sergeant B. D. Read said that the offence was very prevalent in Christchurch at the moment. Both Rosewarne and the other two youths he was associated with were on bail at the time of the offence. Rosewarne was remanded in custody to September 21.

Graham Desmond Johnstone, aged 21, a truck driver, pleaded guilty to a charge of resisting a police constable in the execution of his duty, and using threatening words in the bar of the New Railway Hotel on September 14. He was remanded on bail to September 21 for a probation officer's report. Peter John Joseph Turner (Mr G. R. Lascelles) was remanded on bail to September 21 on a charge of committing a breach of his probation.

TRAFFIC CHARGES On traffic charges brought by the police, offenders were dealt with as follows: Using motor-vehicle without due care and attention: Alexander Boyd. £5 (failing to report damage £lO and licence cancelled and disqualified from driving for three months; no driver’s licence, £1); Roger Douglas Allan, £4; David Reynold Currin, £7; Christopher James Hensley, £lO and licence suspended for six months; Henry Lewis Mehlhopt, £5; Gavin Stanley Taege, £5; Robert Leslie Wing, £1 10s. Failing to give way to the right: James Frederick Aitcheson, £5; James Duncan Austin, £5 (no warrant of fitness, £2); Ronald William Dagg, £5; Alick McMillan, £4 (no warrant of fitness, £1). No warrant of fitness: Thomas William Hodder, £3; Lyall John Edgar Mooney. £2. No driver's licence: Don Tairoa Tamati, £3; Quirinus Cornelius Van Der Veer, costs only. Attempting to cross railway lines when way not clear: Noel Edward Hawkins, £3. Proceeding before way clear at stop sign: Graeme Edgar Langdon, £5. Opening car door causing injury: Alfred George Southern £3 (no warrant of fitness, £2).

No front number plate: Hendricus Peter Van Roy, costs only (no warrant of fitness, £1). DISCHARGED WITHOUT CONVICTION On a charge of failing to give way to the right, John Andrew Rothera was discharged without conviction under section 42 of the Criminal Justice Act. (Before Mr E. S. J. Crutchley, S.M.) REMANDED Frank Rowland Phillipson, aged 36. was remanded on bail to September 21 on a charge of molesting his wife by following her in High street on June 15 during the currency of a separation order. CHARGE DISMISSED A charge against Bruce Robert Matthews, aged 24, a window dresser, of driving without due care and attention in St. Asaph street on June 8 was dismissed. Matthews pleaded not guilty (Before Mr N. M. Izard, S.M.) FAILED TO REPORT ACCIDENT A charge against Kevin: George Coles, aged 20 (Mr G. R. Lascelles), of negligent! driving in Ferry road on July--22 was dismissed. For fail-! ing to report an accident he, was fined £8 and his driving! licence was suspended for three months. He pleaded not guilty to! both charges.