CONVICTION QUASHED

Press, Volume CI, Issue 29801, 18 April 1962, Page 12

CONVICTION QUASHED

Charge Against Driver

A conviction against Keith William Athol Millan (Mr B. J. Drake) on a charge of driving a motor-vehicle while under the influence of drink or drugs was quashed by Mr Justice Richmond in the Supreme Court yesterday.

Millan had been convicted by Mr E. S. J Crutchley. S.M., on December 5 His Honour said the medical evidence of Millan's condition did not seem sufficient to warrant the conclusion, based on a urine test, that at the time of the accident Millan was so affected by liquor that he was unable to manage the car properly "The appeal has caused me considerable anxiety, but I propose to allow it,” he said. “The case is somewhat unusual in that it is quite apparent from the evidence that Millan was for some time before the accident suffering from an acute anxiety state and his behaviour in many respects was different from that of an ordinary person. “While that evidence was not available to the Magistrate, by consent a report has been submitted here that Millan was admitted to Sunnyside Hospital the day after the Magistrate's Court hearing as a voluntary patient. The report provides some confirmation of the fact that Millan is a very highly nervous man.” Appeal Dismissed Mr Justice Maearthur dismissed an appeal by Joseph Arthur Briscoe <Mr R. G Blunt) against his sentence for driving without due care. Mr Blunt withdrew an appeal against the conviction on that charge. His Honour said that the accident out of which the charge arose occurred on December 8. 1961. when Br. - coe's truck collided with a cyclist travelling in the same direction. It happened in broad daylight, on a long, straight road, and the ev - dence disclosed no factors that would have accounted for Briscoe s attention having been distracted. The truck was not roadworthy and had no warrant of fitness. The Magistrate had taken the view that

Briscoe had failed to keep a proper look-out, and also that drink had played a part “Indeed, it is quite clear from the record that that was a proper view," his Honour said.

Although it was true that suspension of his licence for three months was more serious for Briscoe, who conducted his own business as a chimney sweep and scrapmetal dealer, than for a person who drove only for pleasure. the circumstances showed it to be a bad ease warranting severe punishment.