Magistrate's Court Driving Charge Dismissed; Costs Against Police

Press, Volume CIV, Issue 30919, 27 November 1965, Page 25

Magistrate's Court Driving Charge Dismissed; Costs Against Police

Costs of two guineas were awarded against the police by Mr K. H. J. Headifen, S.M., in the Magistrate’s Court yesterday, when he dismissed a charge of careless driving against John Alexander Collins, aged 27, a motor mechanic. Collins (Mr P. J. Thompson) pleaded not guilty to driving carelessly in King street on October 9. David Barr, a technician, said he was driving west along King street and, intending to turn left into his driveway, veered out to the right. He had made about a quarter of the turn when his car was struck on the left-hand side. Barr admitted to Mr Thompson that he had not made a hand signal before veering to the right. By moving towards the centre of the road, Barr had given Collins the impression he was turning to the right, into the entrance of the Sandwich Hotel car park, which was opposite, Mr Thompson said. Collins’s driving had not fallen below the standard of that of a prudent motorist.

Mr Thompson submitted that there was no case to answer, and that the charge should be dismissed without further evidence being called. The other driver had moved to the centre of the road without making a signal, and the defendant was entitled to assume he was turning to the right, the Magistrate said. There was no evidence that the defendant was speeding, or that he had not done everything which could be reasonably expected of him. The Magistrate said he accepted Mr Thompson's submission, and dismissed the charge. Applying for costs against the police, Mr Thompson said the case, on the face of it, was such that Collins should not have been prosecuted. The defendant had been put to considerable inconvenience and expense. The Magistrate awarded costs of two guineas against the police. DISMISSED Robert Halford Fleming, aged 39, a clerk (Mr W. F.

■Brown), pleaded not guilty to failing to give way, at a stop sign at the corner of Idris and Glandovey roads, on October 7. The charge was dismissed.

In the circumstances, Fleming had acted as a prudent motorist, the Magistrate said. If a motor-cyclist with whom the defendant collided had been travelling more slowly the accident could have been avoided. COMMITTED FOR SENTENCE .

Michael Sharfe, aged 30, a workman, pleaded guilty to burgling the Hutt Bowling, Croquet and Tennis Club premises on October 24, and was committed to the Supreme Court for sentence.

On a charge of breach of probation, Sharfe was convicted and discharged. (Before Mr H. J. Evans, S.M.) FINED, DISQUALIFIED

Pleading guilty to a charge of aiding and assisting in the commission of an offence, Brian Alexander Wright, aged 26, a driver (Mr I). H. Stringer), was fined and disqualified from driving for one year, partial restoration being granted to allow the defendant to drive in the course of his employment.

The Court was told that after an accident on No. 1 State highway near Seddon it was found the driver of the car, which had rolled on a corner, was disqualified. Defendant, who owned the car, had allowed him to drive knowing he was disqualified. Mr Stringer said the car was a write-off and because the driver was disqualified the insurance company had disclaimed any liability. In addition defendant was now liable to the same penalty as the disqualified driver, thus including mandatory disqualification for one year. Mr Stringer submitted defendant could thus be heavily penalised, and requested a partial exemption from disqualification so he could drive in the course of his employment. DROVE UNDER INFLUENCE

Kevin Alan Maxwell Munro, aged 26, an airman, was convicted and fined £5O after pleading guilty to a charge of driving while under the influence of drink or drugs on November 25. He was disqualified from driving for three years.

Detective Sergeant A. E. V. Yaxley said at 10.25 p.m. a traffic officer on the Main South road saw the defendant’s car travelling fast. It went around the roundabout into Blenheim road and was wandering on the road. The officer checked defendant’s speed at 75 to 77 m.p.h. in the open speed limit When stopped, defendant was unsteady on his feet. He argued and would not hand over his keys. He was arrested and later certified as unfit to drive. PEERED INTO HOUSE

Stuart Bentley, aged 17, a salesman, pleaded guilty to a charge of peering into a dwelling house in Papanui road by night on November 25. He was convicted and fined £5.

Detective-Sergeant Yaxley said defendant had been seen looking into the house at 9.12 p.m. He later admitted the offence. It was the fifth time defendant had been before the Court on such a charge, the Magistrate said. REMOVED SIGN

A fine of £3 was imposed on Christopher John Wilson, aged 19, a law student, when he pleaded guilty to a charge of removing a traffic sign on October 3.

The Court was told that early in the morning Wilson had been seen to stop at a stop sign on Innes road, take the sign from the post, put it in his car, and drive off. When interviewed by the police, defendant had said the sign was hanging by one nail, and being public-minded he thought it would be best if he removed it. He did not intend to keep it. “A very odd sort of thing to do, but I don’t imagine

he will ever do it again,” the Magistrate said. FAILED TO GIVE WAY

Wayne Robert Eastwick, aged 18, a light-fitter (Mr S. G. Erber) pleaded not guilty to a charge of failing to give way when turning, but was convicted and fined £l.

On a charge of having no warrant of fitness, to which he pleaded guilty, he was convicted and fined £3 10s. Both charges arose out of a collision between Eastwick's car and a cyclist at the intersection of Colombo and Huxley streets on July 29. TRAFFIC OFFENCES On other traffic charges brought by the police, offenders were fined as follows, with costs of £1 10s in each case: Careless use of a vehicle: Murray Shaw, £5 and disqualified for six months (no licence, £10; no warrant of fitness, costs only); Garry Colinson Hobson. £8; Colin Tamati Ellison, £6 and disqualified for three months from December 3; Frederic Gordon Gibbons, £10: Reginald Albert Edwards, £lO and ordered to attend traffic lectures; Desmond Francis Walker, £5 (no warrant of fitness, £2); William Taylor, £4 and disqualified for four months (no warrant of fitness, £2); lan Baunton Bull, £8 and disqualified for three months (failed to display headlights, £4); David Frederick Dyer. £8; Godfrey Heaton Rivers, £2; William Milford Townsend. £8 and disqualified for three months.

Failed to give way: Allan Alexander Hamilton, £5, and disqualified for one year (no driver’s licence, £8); Robert James Forrester, £8; Donald Graeme Miller, £6 (carried pillion passenger on learner’s licence, £1 10s and ordered to attend traffic lectures); Christeen Dorothy Vercoe, £8: Thomas Michael Brown, £5; Graham Robert Mitchell, £4 and disqualified for three months; William Errol Butterfield, £8; Hendrick Van Niewkoop, £8; Nina Mary Harper, £3.

Sold vehicle without warrant of fitness: Wayne Brian Turnbull, £1 10s (failed to notify deputy-registrar of change of ownership, costs only). No driver’s licence: Bruce Raymond Craig, £7. Operated a motor-vehicle so as to cause annoyance: Colin Finnie, £3. Opened a car door in a manner likely to cause injury: David John Price, £2 10s. Exceeded 55 miles an hour: Marshall Neil Kerr, £7. Failed to give way when turning: Adrian Jacob Laven, £6. Exceeded 30 miles an hour: Robert Henry Thomas, £B. (Before Mr E. A. Lee, S.M.) TWO CHARGES Henry Hona, aged 24, a labourer (Mr M. G. L. Loughnan), was convicted and fined a total of £46 when he appeared on a charge of driving while disqualified and a charge of using a motor-vehicle carelessly, both in Worcester street on October 22. On the charge of careless use, he was fined £6 and on the charge of driving while disqualified he was fined £4O. He pleaded guilty to both charges. DANGEROUS SPEED David Charles Raymond Morrell, aged 17, a process worker (Mr R. G. Blpnt) was convicted and fined £l2 and his licence was cancelled for one year when he appeared on a charge of driving a motor-vehicle in Cashel street on September 18 at a speed which might have been dangerous. He pleaded not guilty. FINED £8 Royce Terry Young, aged 17, unemployed (Mr C. B. Atkinson) was convicted and fined a total of £8 when he appeared on two charges of using a motor-veh-icle carelessly and failing to stop after an accident, both in Fitzgerald avenue on September 8. He pleaded guilty to the charge of careless use and not guilty to the other charge.

FINED £4 James Phillip Dowdall, aged 66, a coal merchant (Mr M. J. Glue) was convicted and fined £4 when he pleaded not guilty to a charge of failing to keep to the left when turning right at the intersection of Manchester street and Worcester street.