Magistrate's Court 80 m.p.h. Chase Of Motor-cycle In Blenheim Road

Press, Volume CIV, Issue 30779, 17 June 1965, Page 9

Magistrate's Court 80 m.p.h. Chase Of Motor-cycle In Blenheim Road

A youth who rode his motor-cycle along Blenheim road at 80 miles an hour on the night of April 27, maintaining the speed in the 30-mile-an-hour area, pleaded not guilty before Mr E. A. Lee, S.M., in the Magistrate’s Court yesterday to a charge of driving at a speed that was or might have been dangerous.

The youth, whose name was suppressed, was represented by Mr A. Hearn. He was convicted, and the case was adjourned to the Children’s Court for sentence. Traffic Officer L. B. Bolton said he chased the youth along Blenheim road towards the city. He estimated the youth’s speed through the Sockburn roundabout at near 45 miles an hour. Between the open-speed-limit sign and the 30-mile-an-hour restriction at Hansons lane, the witness said, he maintained an even distance behind the motor-cycle, and was travelling 80 miles an hour. This speed was similarly maintained in the 30-mile-an-hour zone. The patrol car's siren and flashing light were going. The motor-cycle reduced speed at the end of Blenheim road and was stopped in Deans avenue when the patrol car was driven in front of it Traffic Officer Bolton said that in Blenheim road there were six cross-roads and seven T-intersections. Traffic was light and the two vehicles passed four cars in the 30-mile-an-hour zone. The defendant had said he thought his speed was about 55 miles an hour, and that the whole of Blenheim road was a 55-mile-an-hour area. He was told he had passed 12 restriction discs and 30 signs painted on the road, but said his speed was such that he did not have time to see them.

Mr Hearn said that Traffic Officer Bolton had seen fit to drive along the same area as the defendant, over the same intersections and in the same conditions, at about the same speed. Surely the speed itself could not have been dangerous. or Traffic Officer Bolton would not have driven at that speed. He submitted the charge should be reduced to one of exceeding the speed limit. The Magistrate said he had often seen it suggested that high-speed chases should not take place, but this was an attitude he found hard to subscribe to in its entirety. He was not referring to the defendant's case, but motorists xvho travelled at reckless or dangerous speeds should lie stopped because of the danger they created. Often traffic officers had been criticised because they did not travel faster and stop offenders sooner. In order that a person driving dangerously could be detected and stopped it might be necessary and even desirable that some risk be taken by traffic officers in stopping such offenders. The degree of • risk was something that the traffic officer must judge at the time. He had heard traffic officers say that they had given up a chase because .of the risks involved, said the Magistrate. “I certainly would not be a party to criticising the traffic officer who takes some risks in stopping a motorist whose continued driving would expose others to injury or death." Speaking on the case before hint, the Magistrate said it was true that in every case but one. the intersections were controlled by stop signs and that the only duty the defendant owed at the intersections was not to create a situation where a motorist using one of the side intersections might be misled by the speed of his approach.

Motorists entering Blenheim road would be entitled to expect that others were making a reasonable use of the highway. If the motorist on Blenheim road, instead of travelling at 30 miles an hour or 55 miles an hour, was travelling at 80 miles an hour they could easily misjudge their opportunity of crossing before the other vehicle reached the intersection.

There was no evidence that anyone was, i n fact, endangered. but it was the potential user to whom the defendant had a duty. The defendant’s driving could certainly have created a situation of danger, and he would be convicted. DANGEROUS DRIVING Robert Charles Kendall, who did not appear, pleaded guilty by letter to a charge of dangerous driving on April 19. He was fined £l5 and disqualified from driving for one year. THEFT Cornelius Mancius Franciscus Van de Meijs, aged 34, a carpenter. pleaded guilty to the theft of building materials valued at £7O 17s between April and June. 1965, and was convicted and remanded on bail to June 24 for sentence. Sergeant P. J. Alty said Van der Meijs had been working for the Fletcher Construction Company He had been seen to put some concrete blocks in his car. When interviewed by the notice he had admitted taking the blocks. At his home a large ouantitv of timber, acoustic tiles and concrete blocks had been found. IDLE AND DISORDERLY Daphne Agnes Rose Smith ■ced 17. unemployed pleaded Suiltv to a charge of being id.e fnd disorderly In that she had Sufficient lawful means of suplf t ?o C b o e U, k d ep n t° t ap:^f e ro b m ari prisoners. FINED £2 Charged with exceeding 40 an hour while towing a c w Alexander) pleaded not guilty. He was convicted and fined £2. REMANDED Robert Eric Lee, aged 23. a plastjger was remanded on ball

lssanH .nl On tWO char Bes of dHvil.« OI L e of disqualified elmmSt.a !iege ? t 0 have been committed on June 15. woman, whose name was suppressed was remanded on Ju ne 24 on a charge of theft from the Self Help, New Brighton. It was indicated a entered* nOt gui,:ty wou;<l be OTHER TRAFFIC CHARGES in other prosecutions brought by the Transport Department, fines were imposed as follows with costs of £1 10s on each charge:

Exceeded 30 miles an hour: Albert Thomas Dunn, £4; Robin Auckinleck Campbell, £4: Ravmond Craig, £4; Geoffrey Andrews Doig, £4: Derek Stuart Gilliland, £4; Brian Stanford Hayes, £5: lan George Hedgman, £4: Patrick Richard Huston, £4; Douglas Eddy Lawry, £5: James Magnus-Miller, £4; Alison Merle Pearce, £4; Patricia Shirley Thompson, £3 (passenger not wearing safety helmet, £3): Ronald Hunter White, £4; Marcus James Wyatt, £5: lan Douglas Andrew, £4; Hilton Brayener Fowler, £4; Austin John Hadler. £4: James Hillhouse, £4: Burns Henderson Hubber, £4; Graham David Jackson, £4: William Charles Johnson, £5: Digger King, £4; Janet Rhoda Ranley Low, £4 (failed to produce driver’s licence, £1); Garlies George Martin, £4; Maurice Frederick Prebble. £4; Graeme John Robertson, £5; Robin Garth Seeker, £4: David George Spence, £4: Anna Teresa Taylor, £4 (no warrant of fitness, £1); Dorothea Van Der Geest, £4. Exceeded 55 miles an hour: Christopher Fleming, £l2, licence cancelled for 14 davs; William Frederick Blackie, £5 (exceeded 30 miles an hour without a safety helmet, £3).

No warrant of fitness: The Canterbury Tractor Company. Ltd.. £2: Thomas Devon Basher, £1 (no warning device, costs); William Alexander McCleary, £1 (insecure trailer, £5): Dorothy Mary McJarrow, £1: John Robert Stackwood, £2; Stanley Falkingham, £1 (insecure trailer, £1); Stephen John Pope, £3: Bernard David O’Connell, £3: Roger Sorokoput, £3: Arthur William Bower. £1 (failed to produce driver’s licence, £1): Harry Boxall, £3: Hector Clarence Davey. £2 (no driver’s licence, £5: misleading information. £3’»: Richard Stephen Drummond. £2; Michael Hislop, £2: Henry Hona. £3 (failed to produce driver’s licence. £5); Barry Raymond Hunt. £3 (insufficient lights, £3): Gordon Lewis Spriggs, two charges, £1 and £3 (insecure trailer, £5). Exceeded heavy traffic licence: Central Carrying Company, Ltd., £3 (exceeded axle weight. £2); Brian Alexander Murray, £4. Careless driving: David Francis Tracey, £4. Failed to stop at compulsory stop sign: Richard Victor Carlson, £3: Ivan Francis Stevenson, £4: Alexander Woodside, £2; Owen Vincent Batchelor, £3; Betty Florence Suttron, £3; Anthony Albert Thorpe, £3. Gave incorrect information when applying for driving licence: John Raymond Ballock, £5. Passed at no-passing lines: Murray John Busbridge, £5; Maitland Lyndall Harman, £6 (no warrant of fitness, £1).

No driver’s licence: Lawrence David Townsend, £5; Ray John Julius, £5: Raelene Ann McClure, £5; Gordon Roger Marks, £2; thony Albert Thorpe, £3. Parted with driver’s licence: Graham Victor Lintern, £5.

Exceeded 40 miles an hour with L plates: Barry John Austin. £4.

Failed to produce driver’s licence: Robin Stuart Collins, £2; Richard Keith Young. £1 (passed on intersection, £6); lan McLean, £3.

Carried pillion passenger contrary to provisions of licence: Eric" Logie Johns, £3. Insecure trailer: Norman Forbes Marriot, £5; Alexander William Scott, £5 (no warrant of fitness. £1).

Insufficient lights: Wayne Charles Ragg, £3: Stephen James Bird. £5 (failed to produce driver’s licence, £1); Mark Everest England, £3: Colin Francis Foggo, £5: Graeme Stack, £5; Clarence Desmond Sunbeam, £5.

Speed too great to stop in half clear road ahead: Alister Gordon Raymond McKenzie. £5

(failed to produce driver’s licence, £5). No red rear light on goods service vehicle: Stuart Murray, Failed to dip lights: David James Murray, £2. Failed to yield right of way to pedestrian on crossing: Suzanne Rose Reynish, £5. No heavy traffic licence: Alfred Christopher Brastad, £3: Ivan Francis Stevens, £5. Load of excessive width: G. McDonald and Son, Ltd., £3. Parking offence: Maurice Willjiam Rhodes, £3. No light on cycle: Benjamin Stanley Taylor, £2. Permitted unlicensed driver to drive: Patrick Norman, £3. Obscured registration plates: Peter Kenneth Redmond, £4. (Before Mr H. J. Evans, S.M.) CIVIL CLAIM Joan Audrey Sheedy, a married woman (Mr R. G. Blunt,) claimed £l5O general damages and £5O Os 6d special damages from Wahren Hensley, a glazier (Mr J. R. Fox). The claim arose from an incident in May, 1963 in which Sheedy was struck by a bicycle when she was walking across Moorhouse avenue. Hensley brought a counterclaim against the plaintiff for £25 damages. On the claim, the Magistrate entered judgment for the plaintiff, awarding her £125 general damages and £36 12s special damages. He entered judgment for the defendant on the counterclaim, and awarded him £5 general and £5 6s sipeclal damages. The Magistrate said his general conclusion on the evidence was that this was an accident for which both were partly to blame,and in equal degrees. POSSESSION ORDER Delsie Alleen Wright, married, a dressmaker, was ordered to give up possession of a house at 134 Emmett street, to the State Advances Corporation of New Zealand and to pay arrears of rent amounting to £79 4s 6d.