FINE OF £2OO

Dominion, Volume 34, Issue 119, 13 February 1941, Page 9

FINE OF £2OO

Penalty For Negligent Driving JURY’S RECOMMENDATION A line of £2OO and prohibition from obtaining a driver’s licence for two years was the sentence imposed by Mr. Justice Johnston in the Supreme Court, Wellington, yesterday, on Leon ard Stewart, aged 48, pram manufacturer, Petone, who was found guilty by a jury of 12 on Tuesday of negligent driving causing the death of Albert Edward Boyes, retired civil servant, in Cambridge Terrace, Wellington, on November 8. The jury strongly recommended mercy, attributing the accident to the boisterous night and the fact that Stewart was slightly under the influence of liquor.

Mr. W. E. Leicester, who appeared for accused, said that the jury’s strong recommendation to mercy meant that they considered that accused's lapse had been an isolated one, considering that he had driven 150.000 miles without getting- into trouble of any kind. Counsel submitted that the case was one which could be met by a fine because of accused’s good character. His Honour, in passing sentence, said that the offence for which accused had been convicted was serious. The statute provided for a maximum term of imprisonment for five years, or a fine of £5OO.

“1 think the jury, in making their strong recommendation to mercy must have believed the evidence of those friends of yours who gave evidence concerning your character,” proceeded his Honour. “They must have believed that your lapse was not in tune with your true character. You will be lined £2OO. the tine to include costs of die prosecution; your present, driver's licence will be cancelled and you will be prohibited from holding a licence for two years.” Seven days were allowed in which to pay the tine. Mr. W. R. Birks appeared for the Crown.