PROBATION GRANTED

Gisborne Herald, Volume LXIX, Issue 20862, 14 August 1942, Page 2

PROBATION GRANTED

P&RIQf) QF TWO .YEARS te karaka" AcetbENT TWO SOLDIERS SENTENCED

Two soldiers, Wallace Edwin Reeve and'^James"Arthur- Third,”were-ad-'mittdd-to probation Mf.. Justice- Johnstori-iri-ihe -‘Bupreine Court, -in -Gisborne to-day on charges iavisSrig^buDi'bfoairjriptoruaccidentifatJtTe Ka’raka on July 6. ThobfaccTiSed- had pleaded .guilty to a - charge of the conversion,of a a motor car and had been fdUAd “ guilty of causing iiijurypndqr.suph.gu'CUrnstances.fhat* if death .. had pecupred, they would hav.e.;been ..guilty ~of;manslaughter,ana on separate chargesgoiifailing Jo stop after-the accident.

Mr. A. A. Whitehead, on behalf of Reeve, -said tTialf-uritil the .oceurrence Reefae -had an- excellent-'fecbfd.'-. -He Only 'W’yeafsrif-afee. and- bf higMy respefatfable p'&i-ente, and- any'lerilbnCe thief court might J extend ivould'not be ;abused-> ..mm Wj i b

L. T. Burnard, on behalf of Thll'd, sfaid tfaat .thife'Vprisorigr .aridbliis mother, felt dhri .pqritioJi .Vjsfy* keenly. If leniency Was extended- 4t-would-be appreciated,'--andi-he- 5 would lead’a straightforward - arid Wise 'course of •life.: - n m.t A

His Honour said that .the failure to stqp.atjg.r' the accident,' if .they were ris sober as they said they were, was ran act -of cowqrdice .which was hard to condone! x In -‘--vie# "of v th'e ’circumstances of this case he "would have felt bound to impose d period of -imprisonment were it ndt for the • strong recommendation -of 'mercy ~by the jury. He understood the-’motive of tie jury, in making -the. recommendaon, for they;rio doubt believed the prisoners were not men iSvith' real criminal tendencies, ,bUt with, not excusable, but Uridei-staridable "negligence that might develop unto criminal tendencies. ' - - ' ;

Under such circumstances he felt justified in'admitting .the prisohers to probation for two years on the ordin-ary.-terms and they: would be prohibited from having drivers’ " licenses 'for"two years; while each "would pgy £IG towards the cost-of the-prosecu-tion;‘including the damage dohe ’to the car, 'amounting to £5. Thh military authorities had a military -escort ■prepared -to give them orders :and he hoped that in future they Would riot allcw themselves to get into such a "position again and that if they were Ipgain in a .car involved in an accident they would see that 'the -driver stopped.