MAGISTRATE’S COURT Convicted Of Careless Use Of Car Causing Death

Press, Volume CVI, Issue 31221, 19 November 1966, Page 25

MAGISTRATE’S COURT Convicted Of Careless Use Of Car Causing Death

Raymond Trevor Leathern, aged 21, a carpenter’s joiner (Mr A. Hearn), was fined £l5 and disqualified from driving for six months when he appeared yesterday in the Magistrate’s Court before Mr H. J. Evans, S.M., on a charge of careless driving in Bealey avenue on August 26 causing the death of William Patrick Sheehan, a cyclist. The Magistrate had reserved his decision after a hearing last Wednesday. The Magistrate said that he had two things to consider when making his decision: whether the defendant had driven carelessly, and if so, whether the defendant’s careless driving had caused the death of Sheehan. Dr. B. J. Leitch, of the Christchurch Hospital, had said in evidence that Sheehan had arrived at the hospital with severe head injuries and a fractured right leg. Sheehan had died on September 13 after his condition had steadily deteriorated. As a result of the accident Sheehan also contracted pneumonia. Dr. L. L. Treadgold, a pathologist, who carried out the post-mortem examination on Sheehan, said that the head injuries had resulted in brain hemorrhage and this combined with pneumonia had resulted in Sheehan’s death. However, the doctor thought that the hemorrhage to the brain alone could have caused the death of Sheehan. The Magistrate found that the injuries sustained in the accident caused the death of Sheehan.

After reading through the evidence, said the Magistrate, he thought that the defendant’s driving was careless. He said that even though the conditions were bad, the defendant had failed to see Sheehan. He said that the fact that the defendant had consumed four Boz glasses of beer had value in relation to his driving. The defendant was obliged to keep a proper lookout even though the road was wet, the traffic was heavy, and it was nearly dark. His carelessness consisted solely of failing to keep a proper lookout. IDLE AND DISORDERLY

Cyril Seymour Johnson, aged 45, a workman, was convicted and remanded in custody for a probation officer’s report and sentence to November 24 on a charge of being idle and disorderly, in that he had insufficient means of support, on November 17. He pleaded guilty. Sergeant V. F. Townshend said the defendant was found in a boarding house in Christchurch during a routine police visit. Johnson had been drinking methylated spirits, he said.

When asked why he was not working, Johnson told the police he did not want to. He

has had 36 previous convictions. TWO CHARGES The Magistrate, in a reserved decision, dismissed a charge of theft of a red woolskin rug, valued at £4, from the Woolston Hotel on October 8, which had been brought against Graham Edward Spencer, aged 20, a service station attendant (Mr S. G. Erber). Spencer later pleaded guilty to a charge of obtaining by means of a false pretence on September 11 goods and money of a total value of £l2 13s 4d from the Cashmere Fruit Bowl, Ltd. Spencer was convicted and remanded on bail for a probation officer’s report and sentence on November 28. BREACH OF PROBATION Richard Thomas Foreman, aged 20, a wool presser, pleaded guilty to a charge of breach of his probationary licence on October 22 by driving a vehicle when forbidden to do so. He was convicted and fined £8 10s. TRAFFIC CHARGES In traffic prosecutions brought by the police, convictions were entered and penalties imposed as follows, with court costs of £1 10s on each charge. Careless use: Cluths Forbes Mackenzie, £l5, disqualified for 6 months; Martin John Thomas Sandham, £8 10s; Michael Timothy Oliver Quaife, £5; Norman Thomas Jenkins, £5; Bryce Christopher Jones, £5 (no licence, £5); Brian Stephen Lewis, £3 10s; Colin Lindsay Peters, £7 (no warant of fitness, £2); Gordon William Benfell, £7 10s; Athol Peter Talbert, £10; Rodney Bart Crichton, £lO, disqualified for one month: John Bernard Meikle, £8 10s, disqualified from driving for one month, witness expenses £2; Lesley John Welfbourne, £5 10s; Charles Douglas Newton, £l5.

No warrant of fitness: Sautia La Fituanuai, £l5 10s (failed to report damage, £7 10s); Paul Michael Glasson, £1 10s.

Proceeded over a stop sign when the way was not clear: Thomas Raymond Warren, £3 10s (failed to ascertain injury after an accident, £l5). No driver’s licence: Anthony John Hunt, £3 10s. Failed to yield right of way: Richard Donovan, £8; Joseph Royce Cyril Closel, £5; John Conlon, £6; John Davidson Bryant, £8; John William Francis Bowden, £8 10s (no warrant of fitness, £2 10s); Richard George Feeney, £4 10s; Gary William George Hogg, £10; Albert Victor Jones, £8 10s; Margaret Anne Morgan, £6; Percy Morris Scott, £5 10s; Peter Charles Sincock, £B. Failed to yield right of way on pedestrian crossing: John Anthony McCase, £4, disqualified from driving for one month. Overtook on an intersection: Paul Anthony Platt, £5 10s. (Before Mr K. H. J. Headifen, S.M.) BREAKING AND ENTERING “No-one ever buys £9B worth of stock without checking it, or without checking the amount of profit to be made,” said the Magistrate in convicting Arthur Brian Newbery, aged 24, of burglary. Newbery was charged with breaking and entering a garage at 38 Prosser’s road between August 20 and September 20. Men’s jerseys and women’s cardigans, valued at between £240 and £250, the property of Robin Leslie Edwards, were taken. Newbery, who pleaded not

guilty was represented by Mr M. J. Glue. He was described as a fruit and vegetable manager. It was claimed by the accused that the knitwear he was in possession of and had distributed to a salesman, had come into his possession through a woman when they met by chance at the market in Madras street. "At every point where I have tested the defendant’s evidence, I have found discrepancies. I find his evidence untrue and have no hesitation in convicting him,” said the Magistrate. Newbery was remanded until November 25 for a probation officer's report and sentence. Bail was allowed. IDLE AND DISORDERLY John William Leonard, aged 24, pleaded not guilty to a charge of being idle and disorderly on August 23 in that he had insufficient means of support. Leonard was convicted and remanded in custody to November 25. "NO REGARD FOR OTHERS” “Types like you have no regard for other persons on the road,” Larry Kenneth Kearns, aged 18, a farm hand, was told by the Magistrate when he was fined £lO and disqualified for 18 months on a charge of driving in a dangerous manner. Kearns (Mr L. M. O’Reilly) was seen passing cars on the Inside along Colombo street on August 27, and drove at speeds up to 55 miles an hour while being pursued by a police car along Colombo street, Lichfield street, Manchester street, Hereford street and Stanmore road, said Constable Peter John Fair. When apprehended, Kearns told the police he thought he was "racing a car load of Maoris.” On the question of penalty, Mr O’Reilly submitted that if fined, Kearns would not be able to pay for some time because he had been sentenced to a term in Borstal for another offence. FAILED TO STOP "Next time you come before the Court for failing to stop to ascertain If anyone is injured, you’ll lose your licence for a considerable time,” said the Magistrate. Peter Rodden, a filter and turner, aged 23, was convicted and fined £4, and ordered to pay witnesses’ expenses £3 for careless use of a motor-car on August 18 in Lincoln road. On the charge of failing to stop after an accident to see if anyone was injured, he was fined £25. Rodden said he was driving an automatic car he was unfamiliar with. He saw another car stopped at a pedestrian crossing, but was unable to avoid hitting it at the rear. He said he left his right foot on the accelerator while applying his left foot to the only other pedal, the brake. FINED £25 James McEnteer Harbridge, aged 44, a company representative, was fined £25, and ordered to pay witnesses’ expenses, £l, for failing to ascertain if anyone was injured after an accident, an offence the Magistrate described as "far too prevailent.” A charge of carelessly using a motor-vehicle on the same date, against Harbridge was dismissed. He pleaded not guilty to both charges, and was represented by Mr M. J. Glue. CHARGE DISMISSED David William Smart, aged 20, a rubber worker, was fined £4 for having no warrant of fitness. A charge of failing to give way to the right against him was dismissed.

He was represented by Mr J. F. Burn,