EIGHT JUDGES

Dominion, Volume 24, Issue 18, 16 October 1930, Page 10

EIGHT JUDGES

Storey Appeal Case To-day

Eight judges of the Supreme Court will occupy the bench at the Court ot Appeal to-morrow to hear an appeal m tlie case heard by the Chief Justice, Sir Michael Myers, in which Alfred Edward Storey, sales manager, of Wellington, was found guilty on an issue presented to the jury by the Chief Justice of causing death by negligent driving. The case arose as a result of an accident in the Ngahauranga Gorge on April 13, when a car driven by accused collided with a car in which a Mr. and Mrs. N. W Cook were driving, and both the lastmentioned people were killed. Two charges, one of manslaughter, the other of causing death by negligent driving, were preferred against Storey, and after lengthy hearing the Chief Justice presented two issues to the jury:— (1) Was the collision between the accused’s motor-car and the ear in which Mr. and Mrs. Cook were travelling, z:— by the negligent driving of tlie accused? (2) If so, would the death of Mr, and Mrs. Cook have resulted but for such negligence of accused? The Jury’s answer to question 50. 1 was in the affirmative, but it strongly recommended that the accused be dealt with lenientlv, on the ground that the accident was brought about by an . error of judgment. , ' The jury's answer to question No. 2 was in the negative. , , Counsel for the defence contended that the answer amounted to a verdict of not guilty. H : s Honour held otherwise, and directed the jury to return a of guilty. ■ , . ' All questions were reserved for the Court of Appeal to decide, and accused was remanded for sentence on his own recognisance of £5OO and one surety of a like amount*. The Appeal Court is to decide whether or not directions of the Cb ; of Justice were right. The e : ght judges on the Bench to-day will represent the first and second divisions of the Appeal Court.' In normal circumstances the Court of Appeal is composed of the Chief Justice, the Senior Puisne Judge nnd three other judges. In this case, however, it would apnenr_th.nl the question of criminal linb-lity is of such importance ns to warrant calling together the two divisions of the court.