PENALTY REVIEWED

Gisborne Herald, Volume LXVIII, Issue 20567, 29 May 1941, Page 8

PENALTY REVIEWED

NEGLIGENT DRIVING LICENSE NOT AFFECTED SERVICE TO PRODUCERS In the Supreme Court yesterday afternoon Mr. Justice Smith heard counsel for Harold John Clayton, convicted of negligent driving, upon the question of any penalty affecting Clayton’s ability to drive a motor vehicle When admitting Clayton to probation at the morning session His Honour had indicated that he proposed to add a condition which would prevent the prisoner from holding ; license for two years. Mr. L. T. Burnard, for the prisoner, pointed out that Clayton was dependent for hit livelihood on his possession of a license, and that moreover his employer would be inconvenienced seriously if the prisoner was unable tc drivc for him.

Mr. Justice Smith asked Mr. Gurnard to make further submissions o ; this point at a later stage, and in tin afternoon counsel stated that cancellation of Clayton’s license would inconvenience not only the prisoner and his employer, but also would affect the district of Nukuhou North, where Clayton was employed.

His employer had a fleet of 11 trucks, and Clayton's duties were those of a mechanic, responsible for keeping the trucks in order for the carriage of milk and cream to two dairy factories, butter and cheese from the factories to the railhead, and general goods for the farmer: from the railhead at Taneatua. The only mechanic available, Clayton frequently had occasion to drive to the scene of mechanical trouble, and further he had sometimes to drive to Onoliki, where the only lathe in the district was situated. His work was of considerable importance to producers in the district, and, counsel suggested, in view of this fact the cancellation of his license should not be imposed.

His Honour said that he recognised the position, and did not wish to impose any hardship on the farmers or the dairy companies to which Clayton’s availability probably was important. In the circumstances, he would not follow the course he had intended, and would refrain front cancelling the license. He made an order, however, that the conviction should be endorsed on Clayton's license, and re-staled the conditions of Clayton’s admission to probation.