Magistrates Court Driver, Disqualified For Life, Convicted Again

Press, Volume CI, Issue 29981, 16 November 1962, Page 7

Magistrates Court Driver, Disqualified For Life, Convicted Again

Disquahned from driving for life, a man who was found by two constables steering a car being pushed by a truck driven by his wife pleaded not guilty to a charge of driving while disqualified when he appeared in the Magistrate’s Court yesterday. The man, Walter Arthur Burgess, a mechanic, was convicted and fined £lO by Mr A. P. Blair, SAI. Mr R. J. de Goldi appeared for Burgess, and Sergeant V. F. Townshend prosecuted. Constable M. B. Haussmann said that about 3 pm. on September 29 he was in a patrol car in Paddington street when he saw Burgess behind the wheel of a car being pushed by a truck driven by his wife. He heard the motor of the car backfire two or three times, but it did not start. He followed Hie car for about a quarter of a mile, and when it was stopped in Ealing street the motor had not started. Burgess told him he was trying to start the motor.

Burgess said he was a mechanic, and he had to start vehicles as part of his occupation. the witness said.

To Mt de Gold! Constable Haussmann said he could not remember whether the two vehicles were coupled. Mr de Goldi, opening the case for the defence, said that Burgess was not driving a motor-vehicle within the meaning of the section of the Transport Act under which he was charged. The second defence was that the car was not a motor-vehicle within the interpretation of the Transport Act, as it was not capable of being started. Giving evidence, Burgess said his wife drove him to and from work in the car he was steering when he was stopped by the police. On September 29 the battery was flat. He discovered that the

cut-out switch was burnedout, and the car could not be started. Had the engine started he would have immediately put the car out of gear and kept the motor revving until his wife got into the driver’s seat and drove him home.

“I accept that the vehicle did not start, but I do not think it can be classed as an immobile vehicle,” the

Magistrate said. “Burgess took the car on to the road with the intention of getting it started. He did the steering, elected when to stop and

start, and he turned the corners.”

Sergeant Townshend said that Burgess had 17 convictions, eight of which were for driving while disqualified. He had been disqualified from driving for life. “This iS not the usual case of disqualified driving,” Mr de Goldi said. “Burgess was acting in good faith in attempting to isolate the fault in the vehicle. It is not a case for gaol or a heavy fine.” The Magistrate said he would take into consideration the special circumstances when imposing the penalty. FINED £2O The defendant was lucky not to be appearing on a charge of drunken driving, said the Mag-

istrate when fining Samuel Thomas Hodge, a Harbour Board dredge hand (Mr M. J. Glue), £3O and cancelling his driver's licence for 18 months for driving without due care. Evidence was given that John Churchill, aged 15. a student, was driving along Hawke street. New Brighton, on September 29, when a car driven by Hodge came towards him on the incorrect side of the road. Churchill swerved to avoid Hodge, but his car was struck at the rear end turned over near the intersection with Keyes road. Churchill and two witnesses who arrived soon after the accident, Bruce Edward Penrose, aged 17, a clerk, and Calvin Roy Stokes, an apprentice carpenter. said they considered Hodge under the influence of alcohol. "EXCEPTIONAL CASE" It was an exceptional case and deserving of unusual treatment, said the Magistrate when he fined Charles Sidney Thorpe, aged 41, a factory worker (Mr R. S. D. Twyneham), £7 10s for falling to stop after an accident. On a charge of failing to see whether any person was injured, Thorpe was convicted and discharged. Thorpe was hard of hearing, and depended on his 13-year-old daughter, whom he could lip read, for assistance in conversation. The girl and his other child were both in the car and were upset by the accident. They wanted to be taken

home, and he did this, returning to the scene of the accident about 20 minutes later. Thorpe knocked over a motorcyclist as he was turning into Thomas street from Linwood avenue on the evening of August 22. The motor-cyclist and his pillion passenger, a girl, suffered slight Injuries. Thorpe saw them standing after the accident, and concluded they were not hurt, so took his children home. When Thorpe returned about 20 minutes later the machine and the two persons had gone. Early next morning Thorpe reported the accident to the police. TWO MONTHS' GAOL Two months' imprisonment, with an additional year's disouallflcaitlon from holding a driver's licence added to his current disqualification of two years, was imposed on Wayne Maurice Carstairs, married, aged

21 (Mr M. J. Glue), after conviction for driving while disqualified at Christchurch on October 19. On a charge of being unlawfully on a racecourse he was convicted and discharged. REMANDED Sydney Huia Gerrard, aged 42, charged with the theft of 80 dollars in travellers’ cheques

from the Webb Private Hotel, Wellington, between October 16 and 20, was remanded to the Sunnyside Hospital for a month for observation.

On a charge of breaking and entering the Cashmere High School with intent to commit a crime on July 16, Leslie Desmond Johnston was remanded to November 23.

BROADSIDED CAR Broadsiding his oar at speed

in the northern car park in Marine parade, New Brighton, causing loose metal to fly among parked vehicles, resulted In a fine of £5 for John Alexander Milligan, aged 17. Milligan pleaded guilty to a charge of driving without due consideration on October 14. OTHER TRAFFIC CASES In other traffic cases brought by the police the following were fined:— Driving without due care: Barry Lionel Slhaw, £l2; Eric Donald Bruce Kerr, £2 and disqualified for • year (no driver’s licence, £5: Gregory George Robinson, £3; William Douglas Henry Brown, £lO and licence suspended for three months (no warrant of fitness, £1): Murray Allan Brownie, £4; Robin David

Jones. £3; John Threipland McKitterick, £8 and licence cancelled for a year; Ngaire Leonore

Safi, £4; Cecil Bruce Howard Crouches. £3: Frederick Charles Kitney. £4 (no warrant of fitness, £1); Bruce Duncan Clark. £4: Robert Pard Kershaw. £B.

No drivers licence: Barry Gibson Johnstone. £4 (no front light on power-cycle, costs). Falling to give way to right: Viola Eva Roberts, £4; Lesley Mary Brazier, £5: Irma Evelyn Watson, £8: Andrew Carruthers, £8: Philip Andrew Gilbert Howell, £5: John Bruce Hudson, £5: Nancy Carol Tatom. £8 (no warrant of fitness, £1).

Failing to report damage within 48 hours: John George Foley, £5; Stewart Owen Stubbs, £lO.

Opening ear door to cause injury to another person: Frederick James Marsh, £1; Rata Lavina Duncan, £2. (Before Mr 'E. S. J. Crutchley, S.M.) TRAFFIC CASES In traffic cases brought by the Transport Department, convictions were entered and fines imposed as follows: Exceeding 30 miles an hour: Clare Mary Agnes De Rink, £2: William John Perkins, £1 10s; Thomas Wellesley Polson. £3 10s; Terence Wayne McFarlane. £7 and licence suspended for 14 days (no safety helmet, £3); Charles Hikana Barrett, £6 (no warrant of fitness, two charges. £2 on each); Gary John Clarke. £5 (no driver's licence. £3); Roy Douglas Cook. £5; Robert Clarence Matheson, £4; Mary Joyce McVeagh, £4; lan Charles Patience. £5; Loram Brooks Porter, £4; David Wallace Scott, £5: Barry Mitchell Wells, £4; Edward William Bruce, £4; George Lawrence Ching, £4; Lyla Emma Handiside. £3; Patrick Maurice Smith. £2; Lionel Barry Hart, £2 (failing to carry driver's licence. £1); Graham Murch, £4; Dion Shannon Murphy. £6; Nora Lilly Addie, £4; lan Hanmer Atkinson. £4: Denis Hardwicke Banks. £4: Ailsa Eva Ruth Barnett, £3; Sydney Keith Boese, £5; Reginald Arthur Burgess, £4; Roger Collier. £2; Ivan Noel Elliott, £4; Gordon William Fairweather,

£3; Jack Austin Harliwich, £4: Fred Heap. £4; Peter Reginald Holland. £3: George Albert Jenkinson. £3; Diana Elizabeth Justice. £3; Richard John Kitchingham. £3; Maurice Ernest Langley. £4: Cuthbert John Leach, £4; Robert John Loughman. £4; Leslie Edwin Macmillan, £4; David Henry Mackie, £4; Clutha Forbes

Mackenzie, £3: Frederick William Martin, £3; Andrew Kerr Millar. £3; Frank Mitchell, £4; Raymond William McNeish, £4; Doreen Frances Nolan, £4; Jocelyn Lorraine Oates. £4; Raymond Pat. £5; Leander Thomas Petherlck, £4; George Harrow Reaich. £4; John Rowley, £3: Clifford James Saunders. £3 (no warrant of fitness, £3): Mabel Emma Scarlett. £3: Ronald Bernard Sherlock, £4; Eunice Olive Stokes, £4; Roy Joseph Stokes, £4; Colin William Tozer, £5; Norman David Vincent. £4; Thomas Edward Walsh, £4; John William Warewood, £2; Gary Joseph Westbury. £3; Winifred Elizabeth Williams, £4; Joseph Edward Williams, £4; Olive Jean Marriott, £3: Keith Thomas Marriott, £3.

No driver’s licence: Peter Aroana, £7; Thomas Edward Skilling, £5 (no warrant of fitness. £1); Rudolf Tijssellng. £5 (no warrant of fitness. £1): Leslie Hugh Collis. £lO (no warrant of fitness, £2); Robert Arthur Crosado, £5; Alfred John Draper. £10; Barry Smith, £lO (no warrant of fitness. £2). Failing to stop at sign: John Thomas Young. £5; Felicity Marguerite Logan, £2; Alan Marshall Halliday, £2; Bernard Frederick Lee. £3; Barry Thomas Richardson. £3: Francis Forsythe Bidden. £5: John Arthur Brown, £5 (failing to carry driver's licence. £2; no warrant of fitness, £1); Errol John Joseph Hood, £3 (no warrant of fitness. £1); Malcolm Robert Miller, £3.

Failing to give way: Robin Ernest Teale, £5; John Mitchell McNaughton, £4 (no warrant of fitness. £1 10s); Terence Donald Ray, £5 (no driver’s licence, £5):

Crossing against lights: Gary Norman Talbot. £3; Graham Eves. £1; Kevin Cleave Sheenan, £3; Esther May Heavey, £3.

Driving without due care and attention: Graham Ryall, £5; Edward Henry Galbraith, £7, and driver's licence suspended for three months; James William Rea. £5.

Parking offences: lan Alexander James. £3; Claude Robert McQuoid, £2; Herbert Martin Blazey, £3; John Lawrence Wilson, £l.

Insufficient lights: James Sutton Russell, £2 (failing to stop when directed, £5); Arthur Stuart Malcolm, £2; Michael John Morris. £3. Failing to keep to left: Bruce Edwin Loader, £3: George Campbell Haydon, £5 (no current driver’s licence. £5). No driver's licence: Colin Albert F. Cook, £3 (no warrant of fitness, two charges, £2 and £1).

Exceeding 35 miles an hour: Clive lan Harris, £5; John Vincent Stopforth, £4. Failing to stop for pedestrian on crossing: Walter Ernest Fantham, £3; Alan Harcus, £5. Attempting to pass in an area of double white lines: lan Ross Stanton, £5 and driver’s licence cancelled for three months.

Failing to stop at school crossing sign: Keith Michael France, £5.

Using a motor vehicle without reasonable consideration; Peter Dennis Petty, £5. Exceeding heavy traffic licence: Ron Taggart. £7 (exceeding axle weight, £7). Riding bicycle carelessly: Jeremy Bruce Trelfall, £3. Operating noisy vehicle: Peter Owen- Johnston, £ 1 10s. No heavy traffic licence: Keith William Shadwell, £5. Using unregistered vehicle: James Malone. £3.

Wrong class of driver’s licence: Clive Dennis Goodenough, £2.

Carrying pillion passenger while restricted: Jeremy Anderson Ballantyne. £2. Exceeding 40 miles an hour with trailer: Bernard Paul O'Connell. £4. DISMISSED

A charge brought by the police against John Richard Rowe, aged 20, of driving without due care and attention at the intersection of Lincoln road and Moorhouse avenue on August 30 was dismissed. Rowe (Mr D. H. Stringer) pleaded not guilty.