Magistrate's Court Youth Fined For Dangerous Driving, Licence Cancelled

Press, Volume CII, Issue 30043, 30 January 1963, Page 8

Magistrate's Court Youth Fined For Dangerous Driving, Licence Cancelled

Two can racing at speed* up to TO mile® an hour in Hille road on December .28 caused considerable concern in the area and two traffic officer® were alerted to find the can, said Chief Itatrci Officer X Brown in the Magietrate’B Court yesterday. Appearing before the Court on a charge of dangereue driving was the driver of one of the cars, Mitchell John Sloan, aged 18. He pleaded guilty and wan fined £2B by Mr E. A. Lee, SM. and also

had hie driver's licenoe cancelled for two yean. Mr Brown said that about 4 pan. on December 38 the cars were seen flashing down Hills road by Traffic Officer J. Drain. He gave chase but the cars got away. Later, the officer spoke to Sloan who denied being out in his car that afternoon. However, when the officer put his hand on the radiator he found'it to be boiling, said Mr Brown.

He said the accused later admitted he had been driving one of the cars and had had a passenger ip th* car with him. The driver of the other car would appear in the Children's Court Between them the three youths had drunk four half-gallon flagons of beer before the offence. Sloan had nothing to say. disqualified driver A man, who bad 13 traffic convictions involving fines totalling £5B, was fined a further £2O and had the period of his cancellation of driver's licence extended tor one year when he pleaded guilty to charges of disqualified driving and exceeding 30 miles an hour. He was John Barrymore Pettenon, aged 22. Mr M. J. Glue appeared for the accused. On the first charge he was fined £lO and his driver’s licence cancelled for a further year and on the second charge £lO and cancellation of licence for six months, the two terms to be concurrent. Mr Brown said the accused was checked in Isis street on November 12 travelling at 41 miles an hour. It was later discovered he had been disqualified from driving for three months on November 8. Mr Glue said his client had not been advised at the time of the offence of his disqualification and he was quite unaware that his licence had been cancelled. “VICIOUS ASSAULT’’ Kevin George Herbert Bernard McNicholl, aged 19; a butcher, was convicted on a charge of assault and remanded until February 1 for sentence. He admitted the charge. Sergeant B. D. Read said that at 6.45 pm. on January 28 the police investigated a complaint that a man had been aeverely beaten up in Peterborough street. When the accused was later interviewed be said he had hit Percy Gleason because Gleason had said something about his (McNichoil’e) girl friend’s mother. Glaason required seven stitches in his face, he had two Nack eyes and his top and bottom' dentures were broken, said Sergeant Read. “It seems the accused has a very bad temper and this was a very vicious Breault.” STOLE CAMERA After stealing a camera, valued at £9B 5s 4d, from a home he visited on November 9, Donald Alexander Mdratn McGaivin later sold it for £lO, said Sergeant Read. McGavin, aged 37, a truck driver, pleaded guilty to a charge of theft and was remanded on bail until February 1 for sentence. Sergeant Read said the accused told the police he committed the offence because be was short of money. CHARGES DISMISSED A charge of parking in a time expired meter space in Tuam street on March 8, against Herbert Martin Blazey, was dismissed. He pleaded not guilty and conducted his own defence. A similar charge against William Alexander Aitken was also dismissed. He denied the charge. The offence was alleged to have occurred in Tuam street on May 24. OTHER TRAFFIC CASKS In other traffic charges brought by the Christchurch City Council traffic department.

convictions were entered and fines imposed as fiatiows:— Exceeding S® miles on hour: Baz*as, £5; Stews (Sirtetesoon« £3; George Clarence Clorkoon, £3: Leslie ra* X<WMWth Sidney -(*"*ffi*™* , a; William Nteman BatMaMg*. S 3; jRr iCgruMi Mjchocl Cogyr S; Mfi*ao Daisy Cutler, E&Sf® 'bridge iljHbsi. S 3; Maoris* Dominte Hendry, 42; Antonious Peters Boek, i?; Maurice Arthur Lee, £3; Antoni John Datarowrid. £4; Geers* Raymond T ontehaw. £4; Lawrence AraiUa Georg* McClure, £«; David MUtaiti, «: RuaaeU William Rich*te Mould, £2; Leslie David Parrish, M; Barbara Mary Paterson, tt; Cecil Walter Reeve, fit; Neviße John RkSian. £4; Terrenee Jtoeph Sexton. U; Mervyn smluiu w; Keguwa SSro^SteJlto? 1 Moncrisf Streeter, 84:’ Kelvin kins, M; Grasm* Georg* Wilson, ts; Owen Bdward ntid, £3. l Failing to stefe at oopyulsory mood Patridc WotUnghasn, O; Trevor Gordon Stott. £»; John WBketaius Steyn, M: Robert James Edgar Bgtting. te. - _ JamesMßfrd. £ij Douriw BmS CttHnto, £1; Ernest Warwick Down, £2; Kelvin Frederick £3; Graham Beto. £4; Percy i>. No drivwr’s licence: Thoma* Johnson, £1 ‘(no warrant of fttngj.fl): Sydroy Demme M-r-Falliiw to cotnnly with traffic lirirta: wiUtarn Bowin Taylor, fsTßayinotto Stuart Mannall. lie White. £5. Drtvlna without due ear* and attention: JMMM MeClameote McMillan, £5 (po warrant of fitsmb, M>; Georg* John Bryenhou, costs onte. No hswvy traffic, Itaeuoe: Charite?Stiteton Wteth,' posts only; Bum* Coßard Swaney, costs only. No warrant of fitness: John Surtees Drew, £1; Gerrit Bom, £3; Ray Hines. £2; Bsraate Desmond O’Connor. £8; Arthur Leonard Wootton, JO; Johannes Sllman Beentjes, £S. No oertifleate of fitness: Bevln Conrod Brunt, £8: Road Carpets Contracts, Ltd., £3. light: Alan John winces, costs Cycling at night without front light: Kevin Joseph Austin, £2; Raymond Samuel John Hawkins, £2; EUzabeth Joan Shaw, £2; Tony Edwin Westley, £2. Failing to keep left: John Buchan, <lO and his driver’s licence cancelled for two moutha (no warrant of fttnem, El), Overfeeding beavy motor veMcteT XAn Spcooff Files, <3; W. T. Trethewey and Sons. Dij-i £»■ ras Learie Charles Baldwin, *3 (insufitetent kgtite, «3). Driving vaScte oMwr than Gordon, AS. Everest, <3. Operating vahtato with unsafely secured toad: Abater Neal* BtiaeeLgS. Dttbvfan wttbomt iHßHombte consideration: John Grant Gordon £B. (Bedorw Mr H. Rosen, BM.) OOMPANT JTOiBBD £3 SflbHOOdß (CtaMCtlUNh)* Ltd., wm fined <3 on a of fairing to entry a oertificete of fitneas in a truck on September 5. Mr S. H. Wood, who appeared for the company entered a plea of not guilty. Eridence was given by a driver and Ibe dtapatan manager of th* company that the certificate at fitneas was in a tobacco tin under th* seat at the time. (Before Messrs E. L. Tinker and H A. Harrow, Justices of the Peace.)

MAN DraCHARGBD "No reasonable tribunal could convict tbe accused of ntatigent driving,’’ said J& R. G/Blunt, counsel for Sloan Bolton Woods who wa* ditocbarged on a Charge of MgUgent driving causing injury to GevaM Heretek Keen. Woods elected trial by jury. The accused, aged 21, a draughteman, arid that on the evening of August 3 he wss driving hts ear along Southampton street at about 35 mite* an hour until h* cyn* to th* intereection of Croydon street where he slowed and made a right-hand turn. He aaw the figure of a cyctitt in his. hoedrights and braked but did not manage to avoid the cyclist who, he said, was not showing a front light on his cycle at the time of tiie accident.

Mr Blunt submitted that evidence showed that the accused was travelling at a zeaaonabte apeod *nd Hw csrc&iAt hnd deflndtely not been dwpiAorta* a front right. Th* cyoMst waothe

author at hie asm mtatostune. he arid, and there was ntaariy no, evtatance to eatoNMb WbaM Mr Bhmtte anfk? J.*w!sf, Peace.) •

RBCMMNG DHNSBD agad M a barman, was eommitted to the Supram* Court fiw trial on a charge' of iwbrtrat stolen goorto vataad at Cdafi Ms Blunt) slaatod trial by fury. The goodo constated of one cbunrHs on* ThmMot iwdbo nd a Imßnt mtetul. __ta Treror Hioomh King who apprarad tost stpwnMr on cnaißHi of butgtary arid h* had toM WHtotte in salting trim- th* good* that they "cons off th* booto** at Lyttetem. At no atape had he inteosted to th* acSSed that ttw Moodß wore otolon. witoto had mW th* radio omi caiMfw to Rnofbor mon wteb to tonu had adHtorttoed too tor «te, tt woo aMad* Tb» pefltao hod traced too wtoorttaMßiMMl end oranp* tutor totototowd toe ooowed wtao touted oM hnowtettee of too oonum end radio. The aototal hewwvor woo todad to _ In o ototement toe oociMod oted he wiao under too tasproo■tan too goodo had been acquiced from a seaman. He did not attempt to conceal them, he said, but openly dtaplayed them at the hotel where he worked. Mr Blunt arid that the police eoso toewed no evidonco toot too oceiuod ted iwoetood toe foow luDOWinr ttram to do dte> Sontotor dbtotaed. He ted dented knowledge of them on appsMbenrion only because he knew if they cam* from th* boots th*y would be uncustomed g-wta. Howwver, when toM they were stolen he had mad* a vojhmtary atatoment to expianarion. After WUtetto pleaded Mt gufity he was oommftted for trial. BeU wm ariowed. CIVIL CASES (Before Mr A. P. Blair, SM.)

The following orders were made on judgment summonses: C. H. Bergman, Morley street, to pay Wardells-Kincalds, Ltd. CM Ifs lOd, in default 2# days’ imprisonment, warrant suspended while 10s a week is paid; B. Harris, married woman, Ohoka road, to pay Stan Wheatley, Ltd. £3 (nine days); Agnes Cassidy, married woman. Auburn avenue, to pay Hay’s, Ltd. £33 Is Od (35 days or 10s a week); M. Jeffrey, married woman, Evcleyn Cousins avenue, to pay Regent Furnishers. Ltd., £ll 11* 3d (13 days or £5 a month); P. T. Galbraith, married woman. Aidgate street, to pay Regent Furnishers, Ltd.. £2O U M (33 days or £1 a week); W. Otto, workman, Shaftesbury street, to pay W. J. Crabbe, £3O 9s lOd (tFdays or £1 a week); W. Cade, shearer, Whitecliffs, to pay the New Zealand Farmers’ Cooperative Association of Canterbury, Ltd.. £34 Is 9d (30 days or £1 a week); R. T. McKay, worker, Oakland street, to pay Newhill and Earnshaw (N.Z.), Ltd., £39 15s id (41 days or £1 a week); I. Thompson, married woman, Kensington avenue, to pay Cleary and Belmer, Ltd., £7 5s (8 days or 10s a week); R. McCann, married woman. Walruna loop, to pay N.Z. Fanners' Co-operative Association of Canterbury, Ltd., £3l 0s 8d (33 days or 10s a weak); C. W. Edwards. Godley avenue, to pay Smiths City Market Finance. Ltd.. £7 8s 3d (8 days); J. Mcllraith, labourer, Beswlck street, to pay Fright, Stephenson and Company. Ltd., £4 Os (5 days); W. J. Davidson, baker, Eden place, to pay WardellsKlncalds. Ltd.. £33 13s (25 days or Mi a week); B. J. Guest, worker, Yarmouth street, to pay Hom* Improvement Finance Company, Ltd., £135 17* lid (3 montha or £3 a week); J. E. Hopkins, worker, Bower avenue, to pay Home Improvement Finance Company, Ltd., £4O (43 days or £1 a week); Bruce Robinson, soldier, Locksley avenue, to pay Gilbert Gordon Franks, £39 15* (41 day* or £1 a week); N. T. Wakefield, drainlayer, Hereford street, to pay Dorothy Wemy*s> trading as D. Murray Wemyss, £8 9s 3d (9 days); H, F. Smith, Chapter street, to pay the National Insurance Company of New Zealand, Ltd.. £2 15s (3 days): K. M. MacDonald, married woman, Oxley avenue, to pay John Elderson Millar, £4 3s (4 days or 5s a week); P. Slater, married woman, Bangor street, to pay Laurie Owens, £1 14s 6d (2 days).

PLAINTIFF NON-SUITED Th* plaintiff, Alison Isobe! Dorn, a married woman (Mr J. F. Burn), was non-suited in a claim for £254 18s against the Motor Racing Club (Mr J. N. Matson). Her husband. Charles William Dorn, was joined as third party. The claim arose from an accident.during the running of the Lady Wigram Trophy race on January n. 1981. The statement of claim said the plaintiff was the owner of a car which her husband parked near the side of the racing circuit approximately a quarter of a mile from the bend into the back straight at the R.N2.A.F. Station, Wigrsm. Charles Dorn, on the invitation of the club, was acting as an official tim«was damaged beyond

repair when it was struck by a Ferrari racing car driven by Frank ghuter. The plaintiff alleged that the elub was negligent in conducting the meeting. After the plaintiff’s case had been presented legal argument was advanced by both counsel and the Magistrate gave his decision without calling on the defence to rive evidence. “In my view the essential point is whether the dub felled to exercise the care it owed to the plaintiff." the Magistrate said. “I accept that there was some obligation on the plaintiffs to be where they were at the time. In the circumstances the club did not fail in its duty of care it owed them. The plaintiffs themselves were not conscious of any danger and both were experienced m the sport. “The possibility of an accident is apparent to everyone who goes to such a car racing meeting if a car, driven at high speed, gets out of control,” said the Magistrate.