NEGLIGENT DRIVING

Evening Post, Volume CXXI, Issue 36, 12 February 1936, Page 12

NEGLIGENT DRIVING

PASSENGER'S DEATH

HINDU SENT TO GAOL

Stating that he had to take the prisoner's previous driving record into consideration, Mr. Justice Smith in the Supreme Court today sentenced. Lala Parchhotam, a Hindu fruiterer to three months' imprisonment on a charge of negligently driving a motor truck, thereby causing death. The charge on which the prisoner was found guilty with a recommendation to mercy by a jury related to an accident in Kent Terrace in which a truck driven by the prisoner collided with a tram. Eric Malcolm Biel, a passenger in the truck, was killed.

Mr. J. D. Willis, who appeared for the prisoner, said that the jury had made a strong recommendation to mercy, and submitted that it was a case in which leniency might with advantage be extended to the prisoner. The Crown Prosecutor (Mr. P. S. K. Macassey) in his address to.the jury, he said, had very fairly pointed out that there was no suggestion of speeding _or drink in the case. It might be that the accident was caused through an error of judgment. The prisoner had already suffered considerably as a result of the accident. He had been injured himself, and he had been in custody. since the hearing in the Lower Court, a period of two months. His van also, was a total wreck. Counsel asked the Court to consider ordering the prisoner to come up for sentence if called upon, j His Honour, in referring to the prisoner's previous driving record, said that in 1927 he had been convicted for being found intoxicated in charge of a motor vehicle. He had subsequently been convicted for negligent driving, driving without a licence, failing to give way, and failing to keep to the left. "He seems to have a bad record so far as driving is concerned," said his Honour. In sentencing the prisoner, his Hon-! our said the jury had recommended him to leniency, but, of course, they did not know his record in relation to his motor driving. The Probation Officer's report was not a favourable one. He stated that the prisoner needed a sharp lesson. "The jury apparently thought that there was some ground for recommending leniency, and I will take that into account," continued his Honour. "Having regard to your record, I cannot admit you to probation or to order you to come up for sentence if called upon." ... After imposing the sentence of three months' imprisonment his Honour cancelled the prisoner's driving licence, and disqualified him from obtaining another for a period of two years.