Court Warning To Banned Drivers

Press, Volume CIX, Issue 32314, 4 June 1970, Page 22

Court Warning To Banned Drivers

(New Zealand Press Association)

WELLINGTON, June 3.

The Court of Appeal said today that persons who defied an order of the Court and continued to drive a motor vehicle while disqualified should normally receive a prison sentence.

The Court, in a judgment delivered by its president (Mr Justice North), dismissed an appeal by Carl David Joyce against a sentence of six months imprisonment.

His Honour said the appeal was against a sentence imposed by Mr Justice Quilliam in the Supreme Court at Hamilton on three counts of driving a motor vehicle while disqualified from holding or obtaining a licence. Joyce had pleaded guilty to all three counts and the sentence imposed on each was

directed to be served concur ; rently. i

Mr Justice North said that when the matter came before the Court in chambers the Court thought it right to grant legal aid because it was “rather interested” to discover just what possible ground there could be for the application made by Joyce that the sentence was unduly severe. The Court had noticed that Joyce had previously been convicted of 15 separate charges of driving while disqualified.

The Court was aware that these offences seemed to be generally dealt with in the Magistrate’s Court and the Court of Appeal had no control over what occurred in Magistrate’s Courts except in the occasional case where special leave was granted for an appeal to the Court. “But we want to say quite clearly that this Court views with great concern that so! many charges of driving while disqualified which come be-1 fore the Court, generallj speaking, seem to be dealt! with by the imposition of a; fine,” Mr Justice North said I “In our opinion, except inj the most exceptional circurn-, stances—such as where a man may be more or less compelled to drive his motor car while disqualified, as for ex ample a young husband with a wife who is about to give birth to a baby—there is simply no excuse for any perIson to disobey the order of the Court.

“This man has done so on a great number of occasions

and obviously views his disqualification if not with con-

tempt at least with indifference, notwithstanding the fact that the Court has solemnly ordered that he should cease driving a car for a period.” His Honour said the only' question was whether the prison sentence should be in-; creased. But the Court did not. propose to take this step in! the present case.