A Prisoner’s Appeal

Northern Advocate, 15 July 1939, Page 11

A Prisoner’s Appeal

t Per Press Association. Copyright .] WELLINGTON, This Day.

The Court of Appeal, in giving judgment in a case stated by Mr Justice Blair under Section 442 of the Crimes Act arising out of the trial in Dunedin in May of William Alexander Tait, a truck driver, who was charged on several counts following an accident in which a young man and his fiancee were killed, quashed the conviction under the third and fourth counts, namely, of failing to render all practicable assistance to the injured persons and of failing to ascertain whether he had injured Vera Thomson.

Regarding the fonder of these counts, the court said that, seeing that Miss Thomson was killed outright, it seemed immaterial whether the prisoner knew she was injured, and in view of the fact that she was dead no practicable assistance could have been rendered.

Concerning the latter count, the Court was of the opinion that the jury had not been adequately directed.

In view of the fact that the trial Judge did not lake these two counts into consideration when , sentencing prisoner, the existing sentence stands.