FOUR MONTHS’ GAOL AND NO LICENSE FOR FIVE YEARS

Manawatu Times, Volume LV, Issue 7294, 2 August 1930, Page 16

FOUR MONTHS’ GAOL AND NO LICENSE FOR FIVE YEARS

J. J. Evans Sentenced SEQUEL OP MOTOR COLLISION John Joseph Evans, tho Rongotea farm hand who was found guilty in the Palmerston North Supremo Court on Tuesday of causing bodily injury to tho lato Alfred Hickey through driving a lear while in a state of intoxication, appeared beforo tho Hon. Mr. Justice Blair yesterday for sentence. His Honour sont accused to prison for four months and mado an order prohibiting him from holding a driver’s liconso for five years. Mr. A. M. Ongloy pleaded for prisoner, pointing out that he was 22 years of age, living with his father. His mother had died while he was very young. The police report was His Honour: I haven’t seen the police report and I can’t perform my functions unless I do see it. Wo get them in every other Court but this one. Mr. F. H. Cooke (Crown prosecutor) handed his Honour tho report. His Honour: It is similar, I see, to tho probation officer’s report. You have seen that? Mr. Ougley: “No.” After perusing the report, counsel submitted that Evans had shown no criminal tendencies. His Honour: Yes, I know. As a matter of fact these cases are not criminal ones. They arc quasi-criminal—statu-tory offences if you like, but serious ones. Mr. Ongley added that some people went about looking for trouble by drinking continuously. On this occasion Evans probably had a little too much, but he was not one of those who would, sooner or later, get into trouble by tho way ho was conducting himself. It was unfortunate that while in the state he was ho should have difficulty with the ear. His Honour: I don’t know. Suppose tho accelerator did jam; even the most amateur of drivers would know that he must push down both feet—put on the brako and declutch. That is tho instinctive thing to do. Mr. Ongley pointed out that Evans was still under hospital treatment for his broken arm. The probation officer had recommended probation. Mr. Cooke said ho had nothing to say, except that Evans should be ordered to pay tho cost of the trial. ,His Honour: Do you think this is a proper case for probation? Mr. Cooke: I can’t say, sir. I will leave that to the Court. It is a serious offence, of course.

His Honour remarked that tho case had given him a great deal of difficulty. Ho had tried a good number of motor cases, but this was the first one of a man being found guilty of being in a state of intoxication and causing injury to other people. He had mado inquiries and could not find a case where troublo caused by a man driving a car and taking enough drink to mako him reckless had been visited only by probation. Ho was very sorry that this case was ono where he could not extend tho benefits of probation. The facts were quite clear that Evans had had five or more drinks, and anybody knew perfectly well that if he took a quantity of liquor it would interfere with his driving. Tho accident took place on a perfect road with ample room and was unquestionably caused by driving at a most unjustifiable speed. Assuming that the accelerator had stuck (His Honour said he had gravo doubts that that had occurred), that did not improve the position, because Evans had not done tho obvious thing. He had created a crisis by driving in a reckless way. As a matter of fact, ho had intimated before leaving Sanson that nobody was going to pass him on the road. His Honour said he was loath to imposo a term of imprisonment, but the case was not ono for probation. Accused would be sont to gaol for four months and ho would bo debarred from holding a driver’s liconse for five years. Evans had betrayed tho trust that had been imposed upon him when ho had had his present license issued—a trust which allowed a person to tako what was likely to be a dangerous thing along a public road. If a person showed ho was unworthy of that trust, tho only thing to do was to mark in a distinct manner his breach of faith.