APPEAL REFUSED

Evening Post, Issue 60, 11 March 1936, Page 13

APPEAL REFUSED

GAOL TERM TO STAND

SEQUEL TO MOTOR SMASH

"We are of the, opinion that no case has been made out lor leave to appeal. We are also of opinion that if the sentence erred, it erred, as no doubt it should have, in the direction of leniency. The application is dismissed."

. This was the judgment of the Court of Appeal delivered by the Chief Justice (Sir Michael Myers) today at the conclusion of the hearing of the application made on behalf of Robert Hunter Service for leave to appeal against a sentence *of three months' imprisonment imposed upon him by Mr. Justice Smith recently for negligently driving a car, thereby causing bodily injury. The accused, who was a bank audit inspector, pleaded guilty to the charge, which resulted from an accident in High Street, Lower Hutt, on the night of October 26 last.

On the Bench with the Chief Justice were Mr. Justice Reed, Mr. Justice Ostler, Mr. Justice Blair, and Mr. Justice Kennedy.

Mr. W. H. Cunningham appeared in support of the application and the Solicitor-General, Mr. H. H. Cornish, K.C., for the Crown.

Mr. Cunningham said a newspaper report of the Judge's remarks made it appear that he was Of the opinion that Service was under'the influence of liquor at the time. It seemed to counsel that the accident was capable of an explanation ■which, while it did not re; lieve Service from the onus of negligent driving, would entitle the Court of Appeal to draw the inference that he did not callously and In a drunken state drive into another car and cause injury. Mr. Cunningham suggested that the cause of the accident was a skid on the wet bitumen, and he thought that the sentence imposed was more severe than the circumstances warranted. The Chief Justice made reference to the drinking by the accused of stout at the racecourse and after he left it, prior to the accident; to the speed of the car in the borough of Lower Hutt; and to Service's colliding with a car when on his incorrect side of the road.

Counsel replied that the car zigzagged across the road out of control because of a skid. The Chief Justice: If he had not been going at a very great rate of speed the accident would not have happened, and it might have-been that if the man had not had liquor he would not have been going at that speed. The Solicitor-General was not called on to address the Court.