Law Or Good Sense ?

Press, Volume CVI, Issue 31076, 3 June 1966, Page 8

Law Or Good Sense ?

Ten weeks ago a young man was convicted in the Christchurch Magistrate’s Court on two charges brought by the Christchurch City Council traffic department. For failing to give way he was fined £5; for not wearing “vision aids” while driving, as required by the terms of his licence, he was fined £l. The peculiar thing about the second charge was that the defendant had no cause to wear glasses except that, through a clerical error in the issue of his licence, he was ordered to do so. The defendant was an immigrant who at the time did not recognise the import of the stamp put on his licence. Two weeks ago he obtained a rehearing of the second charge and supported his defence with an optician’s report on the adequacy of his eyesight This was the opportunity for the prosecution to seek the withdrawal of the information. It did not do so; and although the Magistrate imposed no fine he again convicted the defendant. The defendant has not elected to appeal and he should not have to go to the trouble and expense of appealing. The prosecution could still seek the quashing of the conviction. Common.sense is worth more here than the letter of the law. The defendant should, no doubt, have had his licence amended; and he did so after the first hearing. The second hearing, as the prosecution chose to proceed with its case and the Magistrate decided he had no option but to convict, achieved no good purpose at all. It created an impression of stubborn bureaucracy and legal nicety overriding common sense.