NEGLIGENT DRIVING

Press, Volume CII, Issue 30062, 21 February 1963, Page 7

NEGLIGENT DRIVING

Youth Found

Guilty

Bruce Edward Annan, aged 19, an apprentice sheet-metal worker, was found guilty by a jury in the Supreme Court yesterday of negligently driving a motor-truck on September 30, thereby causing the death of Robert Barry Watts and Gaye Elaine Quinn. The jury gave its verdict, with a recommendation for mercy, after a retirement of 15 minutes. Mr Justice Macarthur remanded the accused in custoday for sentence tomorrow. Mr C. M. Roper appeared for the Crown, and the accused was represented by Mr B. J. Drake. When the trial was continued yesterday morning. Ronald Alfred Croft said in evidence that about 2.30 am. on September 30 he was driving his car in New Brighton road, and as he approached Baker street a vehicle careered out of Baker street. When he first saw it it was rolling over on to its right side. It then continued to come towards him on its side. He braked immediately, and almost came to a stop, but hit the bonnet and cab of the truck. Mr Drake said he had no evidence to call for the defence.

In his address to the jury Mr Drake asked it to consider not what the Crown said its evidence would be at the opening of the case, but what the evidence had been.

He said there was no evidence to show the remark made by a passenger to the effect that the driver should slow down had ever been heard by the driver. There was no evidence to show that the cab of the truck was so crowded that the driver did not have room effectively to steer the

said the Crown did not allege the accused was drunk, but if the jury was satisfied the accused had had liquor to such an extent that he was unable to measure up to the standards of a reasonable driver, it might take that consideration into account.

The crux of the case was whether the accused was negligent, and whether that negligence was a substantial cause of the death of the two persons. He would not be surprised, he said, if the jury came to the conclusion that the Crown had proved its case.

truck, Mr Drake said. Summing up, his Honour