GAOL WITHOUT OPTION

Manawatu Standard, Volume L, Issue 99, 24 March 1930, Page 7

GAOL WITHOUT OPTION

DRIVER’S THIRD OFFENCE. SENTENCE OF ONE MONTH. "GETTING OFF LIGHTLY.”Sentence of one month’s imprisonment with hard labour without the option of a fine was imposed on Frederick Chesham, a farmer, aged 40, by Mr J. L. Stout, S.M., in the Magistrate’s Court to-day on a charge of driving in a manner dangerous'to the public in Featherston Street. For driving without a license, a further penalty of £l, with 10s costs, was inflicted. “Unfortunately the witnesses live such a distance away that it would involve prohibitive expense in defending the case,” stated Mr P. E. Baldwin for the defendant when entering a plea of guilty on his behalf to tne first charge called. Counsel intimated, however, that he would like to explain the circumstances associated with the charge of driving without possession of a license, considering that it had been cancelled for three years on July 22 last. INCIDENT DESCRIBED. Sergeant Hill said that defendant was proceeding along Featherston Street when he met a car driven by a lady and occupied by three other ladies. Defendant’s car was alleged to have suddenly swerved to the wrong side, torn off the running board of the other car, mounted a footpath and travelled for a further distance of fifty feet before coming to a stop through crashing into a gate. Sergeant Hill added that defendant was accompanied by another person on the occasion in question. Defendant smelt of drink, td which he was addicted. “With regard to driving without a license, defendant wishes your worship to understand that that was not a wanton defiance of the order against him,” stated Mr Baldwin. “He has a farm property about one mile from the scene of the Himatangi tragedy, and in such country it would Le impossible for him to drive a car over boggy and sandy surfaces unless he had it under proper control. 'le left his house expecting to meet another car which was to pick him up and bring him into town he reached the Foxton Road. Unfortunately, he had a puncture on the way out and arriving too late to meet the other car, he foolishly decided to carry on. I wish it to be understood that he was not deliberately flouting the law and had not originally intended to drive along a public road. PLEA BY COUNSEL. “So far as the accident was concerned,” added Mr Baldwin, “I suppose I will just have to accept the statements made, but I feel sure that Sergeant Hill will agree with me when I say that there was no indication that he was incapable of driving. To a sensitive nose he smelt of liquor to a certain extent. He is going to be severely punished, as in pleading guilty he will have to pay £34 17s for the damage to the other car. Although that is no excuse, I would ask your Worship to take that fact into consideration when deciding what sentence you are going to impose. If anything can be done to safeguard him against certain companions .” “We have already done our best to safeguard both himself and the public by issuing a prohibition order and cancelling license,” interposed the Magistrate. Mr Baldwin: But there is no suggestion that he was drunk. The Magistrate: He has already been convicted twice for dangerous driving and on both occasions there was a suspicion that he was drunk. The man is absolutely unsafe to be on the road. Mr Baldwin: I am not familiar with this class of procedure, but could your Worship make any special conditions? He is a hard-working farmer. PREVIOUS OFFENCES. The Magistrate: There is more than a suspicion that he was under the influence of liquor the last time. He was convicted of dangerous driving in the fourth and eighth months of 1928. In the seventh month of 1929 he was convicted for failing to . stop and of assaulting the police. He has also been convicted for a breach of his prohibition order. I have given him the benefit of the doubt on both previous occasions and dismissed the charge of being intoxicated while in charge of a car. The man is absolutely unsafe to be on the road in charge of a car. On the charge of dangerous driving he is convicted and sentenced to one month’s imprisonment with hard labour. “Will your Worship consider probation?” asked Mr Baldwin, rising quickly. “No 1 will not consider probation,” said Bis Worship. “From what I know of him, I will not extend probation or anything like it- He is getting off very lightly with a month’s imprisonment.” His Worship imposed the penalty of £l, with 10s costs, as stated on the «ther charge.