Supreme Court DRIVING CHARGE

Press, Volume CIX, Issue 31926, 1 March 1969, Page 16

Supreme Court DRIVING CHARGE

Appeal Fails Mr Justice Wilson in the Supreme Court yesterday dismissed an appeal Laurence Hughes Greenwood, aged 46, a company director, had brought against his conviction in the Magistrate’s Court, Timaru, on a charge that on September 6 he drove on Otipua Road while under the influence of drink or a drug. Mr N. W. Williamson appeared for the Crown. Mr B. J. Petrie appeared for Greenwood. His Honour said Mr Petrie had relied substantially on the fact that Greenwood had diabetes and the doctor had agreed, to some extent, that some symptoms of diabetes were indistinguishable from those of intoxication. If that evidence was less than overwhelmingly in favour of intoxication as the c use of the observed behaviour of the appellant at th 6 time of his arrest and shortly after, the magistrate must have had a reasonable doubt. The Magistrate said he had no such doubt and he could find no disagreement with him. The Magistrate had taken into account the admitted fact that the appellant had had eight whiskies on an empty stomach and that the alcohol consumed was sufficient 75 minutes after arrest to show a blood-alcohol ratio of a very gross degree. Those two factors justified the Magistrate disregarding what on the evidence was very mild diabetes, as a possible decisive cause of the apoellant’s behaviour. That behaviour was very bad and included a very gross display of un-co-ordination, his Honour said. The Crown was awarded costs.