Magistrate’s Court Drove Negligently And Injured Pedestrian

Press, Volume CII, Issue 30145, 31 May 1963, Page 3

Magistrate’s Court Drove Negligently And Injured Pedestrian

A man who suffered a broken leg when struck by a car on a pedestrian crossing in Cathedral square died later in hospital as an indirect result of his injuries, Sergeant V. F. Townshend said in the Magistrate's Court yesterday, when Alan John Clode. aged 21, a workman, pleaded guilty to a charge of driving negligently and causing bodily injury to Reginald Lowes Howlett on March 16.

Mr E. S. J. Crutchley, S.M. remanded Clode on bail to June 7.

Sergeant Townshend said that Clode’s car struck Howlett near the middle of the pedestrian crossing outside the Cathedral at 8.5 p.m. Howlett was carrying a lighted torch, and was wearing grey clothing. Clode said he did not see the man. Sergeant Townshend said. He admitted drinking in a hotel between 4 p.m. and 6 p.m. the same day, and he was smelling strongly of liquor. Clode was travelling slowly at the time. He was a first offender. Sergeant Townshend said. Clode had nothing to say. “The Court is concerned when there is a serious charge of driving and there is a background of drink to it,” the Magistrate said. STOLE CHEQUE A cheque for £l9, sent to the wrong address, was received by a young woman who cashed it in a Christchurch shop, Senior-Sergeant G. M Cleary said. The woman, whose name was suppressed, was remanded on bail to June 7 for sentence after she pleaded guilty to a charge of theft of the cheque. Senior-Sergeant Cleary said the woman told the police she was short of money and badly in debt.

FAI.SE PRETENCES After pleading guilty to a charge of false pretences, involving a cheque for £1 17s 9d, on May 14, James O'Brien aged 56. was remanded in custody to June 7 for sentence. Senior-Sergeant Cleary said the cheque form wed was from a book stolen in" Christchurch recently. O'Brien claimed it was given to him by a man in a hotel bar. "He has been drinkins heavily, and he has been on the meths.” Senior-Sergean’ Cleary said IDLE AND DISORDERLY Hilda Phillips, aged 21 pleaded guilty to a charge of being idle and disorderly in that she had insufficient lawful means of support on May 28 She was remanded ir. custody to June 7 for sentence The accused, who appeared drunk, was half carried along a Lyttelton wharf by seven or eight seamen on May 28 Senior-Sergeant Cleary said She told the police that she had a job in the North Island, but this was untrue. DRUNKENNESS Pleading guilty to a charge of being drunk In High street on May 29, Henry Savage, aged 43. a statutory second offender. | was convicted and fined £3. I DANGEROUS DRIVING 1 Joseph Konieczny (Mr H. W. Thompson), pleaded guilty to a charge of dangerous driving in Manchester street on February 22. He was convicted and fined £lO, his driving licence was cancelled and he was disqualified from obtaining another for one year. An endorsement of three years was ordered. The Court was told that Konieczny's car was seen weaving along the street just before an accident. OTHER TRAFFIC CHARGES On other traffic charges brought by police, the following were convicted and fined:— Driving without due care and attention: Max Bayley Mabin. E£4; Harley George Dailey. £lO and driving licence suspended I for three months, and endorsed: Taura Tikao £3; Leon Francis i Adams. £5, and driving licence suspended for three months, and

endorsed; Douglas Arthur English, £7, and licence endorsed for one year; Graham Paul Forbes. £3; David Leicester Houghton. £7. and licence endorsed for one year; Warren Reyrush, £lO and driving licence cancelled for six months, and endorsed for one year (no warrant ol fitness, £2); Geoffrey Leonard Grant. £l, and driving licence suspended for 14 days and endorsed for 18 months. Failing to give way: Raymond Claud Moreton. £6: Richard Michael Berry £6; Arthur Walter Holland. £6, and licence endorsed tor one year; Clarence Desmond Sunbeam. £6. and driving licence suspended for three months and endorsed for one year: Betty Margaret Hale. £5; Selma Eileen Claridge £7, and driving licence cancelled for one month and endorsed for one year; Keith Williams McLelland, £5, and driving licence suspended for two weeks and endorsed for one year. Driving without light: Wayne Wearea, £3 (failing to stop for constable. £2 10s). Opening car door to cause Injury: Peter Cocks, £4. Driving carelessly:' Irene Monica Skipper. £7 and driving licence cancelled for two months and endorsed for one year (no driving licence. £3). No warrant of fitness: Etienne Ignatius Le Lievre. £1 10s: Shirley Joan Monk, 10s; Neville Wlttu Poharama, £1 10s. DISMISSED A charge of driving without due care and attention at Kainga. against Douglas James Blakely, was dismissed. Blakely pleaded not guilty (Before Mr B. S. Barry, S.M.) DANGEROUS SPEED

Charged with travelling at a dangerous speed on March 14. Malcolm David Rooks was fined £2O, and his driver's licence was cancelled for one year. Rooks did not appear. Traffic Officer L. Bolton said that at 7.40 p.m. he checked Rooks travelling 65 miles an hour in the restricted area in Blenheim road. In the 55-mile-an hour area Rooks increased his speed to more than 70 miles an hour. Traffic was extremely heavy and Rooks passed several cars. Rooks said he had had eight 6oz beers about one hour and a half before. CHARGE DISMISSED

"If the manoeuvre had been deliberate it would have been a case of dangerous driving, but it was performed in the 'agony of the moment,' " said the Magistrate when dismissing a charge against Alison Margaret Johnston of dangerous driving on February 2. Johnston pleaded not guilty, and was represented by Mr D. E. Ames. Evidence was given that a car, driven by the defendant, attempted to overtake another vehicle, which had slowed on the Main South road, south of Ashburton. As the defendant's car was coming alongside the vehicle it accelerated. The defendant slowed with the intention of dropping behind it, but the vehicle also slackened speed. This narrowed the gap between it and a car following, so that it was impossible for the defendant's car to get back into position. Two cars were approaching from the opposite direction, so the defendant swung her car across to the grass verge on the wrong side of the road, and the approaching cars passed on its left. The incident was seen by Traffic Officer J. C. Butterfield, who was driving north and some distance back. The defendant said that earlier she attempted to overtake the other car. but it swerved towards the middle of the road. She thought that the driver’s attention had been distracted. Before she again attempted to overtake the driver waved to her to pass. The Magistrate said he congratulated Traffic Officer Butterfield for the very fair manner in which he had given his evidence. THREE CHARGES

Robert George Butler, who sat on the front mudguard of a moving car while he was out to shoot rabbits, was convicted on three traffic charges. For permitting an unlicensed person to drive his car and having a vehicle dangerously loaded Butler was fined £3 on each charge. For carrying loaded firearms on a vehicle he was fined £5- A plea of guilty to all charges was entered by Mr G. R. Lascelles. Traffic Officer J. Sterritt said that Butler and another person

were sitting on the front mudguard of a car at Lincoln at a. 30 a.m. They were both carrying firearms while another person drove the car. Mr Lascelles said the offence occurred on a deserted side road very early in the morning. There was not likely to have been danger to anyone else. FINED £5

Ronald Albert Weston, a builder (Mr B. A. Barren, was fined £5 for driving without due care and attention at the intersection of Colombo and Gloucester streets on April 18 Weston pleaded not guilty. OTHER TRAFFIC CASES In other traffic cases brought by the Transport Department, convictions were entered and fines imposed as follows: Exceeding 30 miles an hour: Marrion Stewart Delacy. £4; Maurice Lend. £4; Ivan Vivian Parker, £3; Gordon Athol Smith, £4; Malcolm Robert Tinning. £3: Laurence David Wooding. £5 and driver’s licence cancelled for one month; Kevin Leslie Evans. £4; Charles Backley Kirner. £3: Herbert Vibert Nicholson, £3 (failing to stop at sign, £3); Herbert Cecil Shaw, £3: Ivan John Cattermole, £3; Louis Joseph Waasoora. £5; Rodney Hugh Hawker. £4; Russell Albert Ransley, £3 (wrong class of driver's licence, £3); Bruce Bowes Steel. £3; Jeffrey Brook, £2: Mervyn Craig Clarke. £3: William Gillespy Holland, £3. Rodney William Marsden, £2; Robert Edward Mitchell. £4; William John Salt, £2; Brian Martin Smith. £2; Anthony Rutherford Wallace, £4; Diana Isobel Wright, £3. Exceeding 55 miles an hour: Trevor Gordon Scott. £8; Mark St. John Walsh. £lO (exceeding 40 miles an hour with pillion passenger, £2; not wearing safety helmet, £2): John Wynyard Cobby, £4. Exceeding 40 miles an hour with trailer: Raymond Edgar Dunstan, £4; Peter Brownlie Boag, £4 (no warrant of fitness. £1). Exceeding 40 miles an hour with pillion passenger: Kevin Malcolm Chapman, £6. Failing to stop at lights: Keith Oswald Barrett, £5; Francis Paul Clark, £5 and driver's licence cancelled for one month; Samuel Frederick Clarke. £5 and driver’s licence cancelled for one month; Barry Vincent Meikie, £5; Mary Margaret Carr, £5; Reginald James Maliy, £5 and driver's licence cancelled for one month; Herbert Joseph Salisbury, £5. No warrant of fitness: Joseph Desmond Fitzgibbon, £4; Thomas Bernard Riordan, £1 (defective brakes, £5); Murray John Bond. £1; Desmond James Duggan, £3 (noisy vehicle, £3); Clifford Fell, £3; Terry James Patrick Gill, £3; Thomas Francis McCabe, £3; Austin Arthur Thornton, £3 No safety chain on trailer: Charles Buckley Kirner £5 (no warrant of fitness. £1; registration plates not affixed, £1); Neville John Lucas £5 (no warrant of fitness, £1); Alfred James Wakeham, £5. Using unlicensed vehicle: Graham Boxall £1 (no warrant of fitness, £1; no safety chain on trailer, £5); Murray Chapple, two charges. £3 and £2: Isaac Construction Company, Ltd., £3 Failing to stop at sign: Johannes Marines van Klink, £3: David William Clarkson. £3; Frank Dobby. £5; Raymond Carl Madsen £3; Russell Howard Rogers. £5. and driver’s licence cancelled for one month. Peter Alexander, £3; Robert Gerald McAuiffe. £5. Driving without due care and attention: Clive Bruce Smith. £7 10s; Kevin Patrick Kearns, £l5, and driver's licence cancelled for three months; Alexander Ivan Dickie. £10; William Robert Auld, £5. Failing to stop after an accident: Stephen John McCartin. £5 (failing to ascertain if any person injured, £5: speed too great to stop. £3). Parking offences: Thomas Guest, £5; Frank James Menzies, £3: Philip Humphrie Oates, £1; Ronald William Gregg. £3; Allan Errington Reeve, £1 10s. Failing to give way at sign' Ngatahu Toss Taurerewa. £5 arid driver's licence cancelled for one month; Robert Edwin Bennett. £5. Exceeding heavy-traffic licence: M, C. Burke, Ltd.. £5; Robert Leo Kennedy. £5; Ron Taggart, £l5 Exceeding axle weight: Walter Gilbert Butler, £3. No heavy-traffic licence: Thomas Blair Hamilton, £3; Viv Parker. Ltd.. £3.

No certificate of fitness: Leonard Walter Downing, £5. Failing to keep left: Kevin David Bryan Rogers £lO. and driver's licence cancelled for one month; lan Murray Petters. £5. Operating motor-vehicle in unroadworthy condition: Barry Raymond Moore. £4 (no warrant of fitness. £1).

Wrong cfass of driver's licence: William Michael Meihopt. £3. Ridtng bicycle carelessly: David Frank Willis. £3: Douglas Thomas Hullum, £2. No driver’s licence: Anthony Dennis O'Connor. £1 (no warrant of fitness, £1). Failing to give way: David 1 Stokes, £5.