MAGISTRATE’S COURT Intoxicated Driving Charge Against Nurse Dismissed

Press, Volume CIII, Issue 30442, 16 May 1964, Page 15

MAGISTRATE’S COURT Intoxicated Driving Charge Against Nurse Dismissed

A glass of gin which was f? .;t over her by another perf n at a house in Fendalton on t-e evening of May 9, might have caused the smell of liquor about her when she siruck a parked vehicle in p.enheim road later in the evening. Alison Margaret Wood told Mr K. H. J. Headifen. S.M.. in the Magistrate's Court yesterday. Wood, aged 21. a nurse (Mr J. G. Leggat), pleaded not guilty to a charge of driving while under the influence of drink or drugs. She pleaded g-.ilty to a charge of driving without a licence. The case had been part-heard on Thursday. The charge of driving while tinder the influence of drink cr drugs was dismissed and Wood was convicted and fined £S on the other charge. The prosecution alleged that Wood rad made a V turn in Blenheim road and had struck the rear of a stationary car p .. e constables and traffic oTicers had given evidence that after the accident Wood had been unsteady on her feet, talkative, abusive, and smelt rt liquor. A police doctor gave evidence on Thursday that when he examined Wood after the collision he formed the opinion that she was unfit to drive. When a shattered rearvision mirror with the accused's hair adhering to it was produced by Mr Leggat. the doctor had said it was possible that this proved a violent impact with the mirror but neither this, nor the fact that some of the symptoms shown by Wood after the accident could be attributed to shock and concussion, changed his views as to her sobriety. Wood said in evidence that she had drunk four glasses of heer daring the day. but had not consumed either gin or more beer on the evening of the offence. However a glass of gin had been spilt over her during the evening. She had taken a car without permission of the owner to pick up a friend and after making a slow U turn in Blenheim road, she realised a collision with the parked car was inevitable. After that she could not remember anything, except her examination at the police station. When she was 16 she had been involved in a motor accident and had suffered a fractured skull and after the accident on May 9 she had a large braise in the area of the fracture. She had suffered severe headaches after the accident and had not worked since. Wood said. Two other witneses for the defence gave evidence that before taking the car Wood appeared sober and in a fit condition to drive. At this point Sergeant S. W Byers called Sergeant P. J.i Alty to give evidence in rebuttal. The sergeant said he had

released Wood from the cells on the morning of May 10 and she had told him that she had drunk gin at the house before the accident. The Magistrate asked Ser-’ T, eaa * AHy if be considered st proper to ask questions sit« a person had been baued. without the necessarv caution. The sergeant replied he now realised it was not proper. In dismissing the charge the Magistrate said he had to consider whether the accused's condition had been due to alcohoL the blow on the mirror, or a combination of both. *1 am unable to accent the contention that Wood's actions were solely due to alcohol, and hold that these actions were caused bv a combination of the blow and the alcohoL although I am not prepared to say which was the greater cause.” he said. “It is. however, significant that no inquiry was made as to the seriousness of the accused's injury and it was only when this woman was examined in court that the true extent of the injury was known." the Magistrate said. CHARGE AMENDED “As the defendant had . taken steps to remedy his speed. I propose to amend the charge.” the Magistrate said, when Charles Roger Wright appeared on a charge ■ of driving at a speed that might have been dangerous : in Cashel street on April 19. Wright, aged 23. 'an accountancy clerk (Mr B. L. ; Stanley) pleaded not guilty to the charge, and guilty to the amended charge of exceed- ■ ing 30 miles an hour. i He was convicted and fined Sergeant S. W. Byers said ; the car driven by Wright had • been heard to approach the intersection of Cashel street : and Fitzgerald avenue at high > speed and a police constable. ■ had judged the speed of the. . car at 50 to 55 miles an hour . when it came into view. ;! Wright had. however, ! slowed down before he came .to the corner and had crossed ! it at a reduced speed, the sergeant said. I CABELESS VSE On & charge of careless use of j i a motor vehicle in Quinns road ■ b on March 2S. Michael Raymond i Pawley was convicted, disquah-j I fied from driving for three e mofiths and ordered to pav wit-’ I ness expenses of £l7 2s 6d. j • Pawley, aged M, unemployed.; • did not appear on the charge. ; • Before Mr E. A. Lee. S.M.) : k FAILED TO STOP Driving away after causing damage to another car was one *iof the most miserable of all -•driving offences, and one that was only too common, the Magistrate said when Vincent Herbert Nickoils pleaded guilty to a •' charge of failing to stop after . an accident and a charge of careless use of a vehicle. If drivers were not prepared I to face their responsibilities

they should not hold a licence, the Magistrate said. Nickoils was fined £lO on each : charge, and on each his licence was ordered to be cancelled for three months and endorsed for three years, the terms being concurrent. ASSAULT CHARGE Pleading guilty to charges of assault, assaulting a constable, resisting arrest and using obscene language in a public place. Nicholas Anthony Thompson was remanded in custody to May 25 for a report and sentence. Senior-Sergeant G. M. Cleary said that Thompson, who was with a group of youths, assaulted George. Terence Corbett | m High street on Mav 14. The defendant was later identified in a bus in Cathedral square. He : • resisted the efforts of two con-' stables to remove him from the ; bus, punched one of the con- i staoles violently on the nose, and used obscene language. FALSE PRETENCES \ incent John Wright acknowledged that liquor had caused present and past offences, and had a sincere desire to be cured, said Mr M. G. L. Lough-, nan. He was appearing for Wright,i pleaded guilty to three < charges of false pretences. Wright was convicted on each ; charge and remanded to May 29 for sentence. Bail of £lOO was allowed. FAILED TO STOP Wybren Bootsma (Mr P. G. S. Peniington) was fined £3 on a: charge of failing to give wav and £lO for failing to stop after I an accident. He pleaded guilty ; to both charges. His licence was 1 cancelled for three months and ordered to be endorsed for three ; years. On an application for: use of his licence in his busi-. ness the Magistrate reserved ‘ his decision. The Court was told that the defendants car had collided with another vehicle at the intersection of Colombo and St. j • Asaph streets on March 21. Mr Peniington said that the defendant’s attention had been • distracted by wooden hurdles and lights surrounding road- • work in the vicinity. He had felt only a slight impact on col-I lision and had not thought that; it was necessary to stop. He had a good driving record, with i no previous convictions. DISMISSED A charge of proceeding when i the way was not clear afterl stopping at a stop sign against Robert John Mayne (Mr B. S. I l McLaughlin! was dismissed. I i Mayne pleaded not guilty. k Evidence was given that l Mayne had atopped at the stop ; sign at the intersection of Ham >I road and Memorial avenue on March 22, but had then moved • t over Memorial avenue in the • face of an oncoming police car. > A collision had occurred. Mr McLaughlin submitted the way was clear when the de- , fendant moved off. The impact > was three-quarters of the way : across Memorial avenue and this ' suggested the way was clear • .when defendant moved off. The «peed of the other car might I have been excessive. The Magistrate said he had J some doubt. FIGHTING i Pleading guilty to a charge of : fighting at the intersection of Bealey avenue and Madras J street on May 14, Edward John I Goslin. a driver, was fined £3. • TOOK CYCLE j Marty Robinson, aged 17.; 'pleaded guilty to a charge of| 'unlawfully taking a cycle on = May 14. He was remanded on bail to May 25 for sentence. REMANDED Ernest Waina, aged It, was remanded on bail to May 21 on i a charge of using obscene i language in Cathedral square on May 14 and on a charge of stealing £1 4s lid on the same date. Alan Clarence McKenzie, aged 18. a remanded on bail to on a charge of fighting in Bealey avenue on May 14.

TRAFFIC CASES A charge against Bernard Walsh of using a motor-vehicle carelessly was dismissed. Other traffic offenders prosej cuted by the police were dealt with as follows: / Careless use of a motorvehicle: Frank Iran Leigh, £7: Richard Francis Anderson, £4: Murray Clifton Collins, £7 (no licence, £5); Margaret Anne Hessey. £5; John Wilburn Weastell, £5. Failing to give way: Catherine Wilder Acland, £4; I George Barry Lake, £lO (licence cancelled for one month): Mark Raymond Mayhill. £8: Ellen May: Woodard. £8: Gerald Edward Harper. £lO and disqualified for' one month, licence endorsed: (for three years; Charles Wil;liam Cameron, £10; William • George Paget, £4: Bruce Mervyn Heyworth. £5: Patricia Pascus, ; £S: Graham Wayne Ripley, £6. : Failing to stop at sign: Leon'ard James Ashton, £lO. Failing to give way at pedestrian crossing: Robert Hamilton Edward. £7. Parking a vehicle Incorrectly: Patrick Lawrence Charles Daley, discharged and ordered to pay costs. No driver's licence: Leonard » John Stewart Kinghorn, £5; Dennis Wayne Alfred Sherlock. No warrant of fitness: Roger i David Brittenden, 10s: Douglas Graham Calvert. £2; Rosemary Ann McGarva. 10s. No rear light: David Baden ; Flutey. £3. No front light on cycle: Jean ‘Brendon Stewart Smith, £l. Before Mr E S. J. Crutchlev, i SM.) ' j CARELESS DRIVING When he appeared on four I driving charges John George Foley, aged 23. a salesman rMr G. R. Joyce), was fined a total j of £l4 and his licence was cancelled for three months. Foley pleaded not guilty to • charges of using a car carelessly i I 1 in Olliviers road on February 13. I using a vehicle carelessly in Hereford street on the same’day. 'and failing to ascertain if any • person was injured after an ac- i •cident. He pleaded guilty to a ; charge of having no warrant of . fitness. On the charge of careless use i lin Olliviers road Foley was fined J£7 and his licence was en’idorsed for three years, and on . the charge of careless use in : Hereford street he was fined £6, ; | and his licence was suspended i J for three months and endorsed i for three years. On the charge! of failing to ascertain he was .convicted and discharged, and for having no warrant of fitness he was fined £l. He was granted a limited licence to drive in the course of his work on Monday to SaturI day inclusive. The suspension of licence was ordered to start , from May 20. DISQUALIFICATION EXTENDED The term of imprisonment he , had just served had changed his I outlook. David Lynne Gardiner told the Court when he appeared for sentence on a charge of disqualified driving. He was convicted and discharged and his period of disqualification was extended bv two years. On a charge of supplying false information he was convicted and discharged. “You now have enough of . these charges against you to ■■ expect the full treatment/’ the 1 Magistrate said. “You deserve , imprisonment, but it would : ‘seem a little harsh to send you | straight back when you have just been released.’’ SUSPENDED SENTENCE i : John George Foley was ordered ; to come up for sentence within 1 12 months if called upon when he appealed for sentence on a : charge of wilful trespass. The Magistrate said he imposed the penalty because of i the circumstances surrounding I the case. It was not a case in which Foley was unknown to j