Present Of Whisky For Police Leads To 19 Days’ Gaol

Northern Advocate, 17 June 1941, Page 4

Present Of Whisky For Police Leads To 19 Days’ Gaol

Parking his car practically in the middle of the road, John Peter McLennan, 53, farmer, of Kauri, walked into the Whangarei Police Station with two bottles of whisky under an arm as a present for the policemen. This was the story told in the Whangarei Court this morning when McLennan paid for his attempted hospitality by being sentenced to 10 days’ imprisonment with hard labour on a charge of being in a state of intoxication while in charge of a motor car. Sergeant W. J. B. Grainger said that at 3.25 p.m. on Sunday. McLennan had driven his car into Clyde Street and parked his car nearly in the middle of the road. He was well-known among the policemen and he had brought two bottles of whisky for them “because they were good fellows.’’ Two Previous Offences McLennan had been well under the influence of liquor. He was a good natured, affable type of man. A doctor had been called and certified him as unfit to drive a car. At the time of .the offence there had been little traffic about. McLennan had twice been before the court for similar offences, the last occasion being in 1934 when his license had been cancelled for three years. Appearing for McLennan, Mr. D. Ross said that he felt in the position of being able to distinguish the case almost completely from the usual case of being intoxicated in charge of a motor vehicle. McLennan belonged to a well-known and respectable family and was a man of sterling character. Victim of Good Nature Mr. Ross said he could bring many witnesses to testify to McLennan’s character and to his generosity and warmth of his nature. “In this case he is the victim of his own good nature,” said Mr. Ross. The whisky had been unopened and he merely had wished to make a present to the policemen he knew. The doctor's certificate showed that McLennan showed signs of liquor and had been slightly affected. His reaction to memory tests had been good but the doctor had not considered it advisable for him to drive.

The certificate was not damaging and was not such as would warrant a term of imprisonment. A period of seven years had elapsed since his last offence and surely this time should tell in his favour. McLennan had reached an age when a term of imprisonment would leave its mark on him to a greater extent than on a younger man. Plea Against Imprisonment

Mr. Ross appealed to the magistrate to regard the incident as the result of his good nature, to take into account the medical certificate that he was slightly affected, and to consider the time which had elapsed since his last offence and impose a fine rather than a term of imprisonment.

“Despite all that Mr. Ross has ably said, it is clear on the evidence that you were in a considerable state of intoxication when you were driving a motor car,” the magistrate (Mr. Raymond Ferner) told McLennan. It had been the policy of the court to inflict imprisonment except in exceptional cases.

Two previous convictions had not prevented McLennan from again committing the offence and -he had no alternative to convict him and sentence him to 10 days’ imprisonment with hard labour. McLennan’s license would be suspended and he would be declared incapable of holding a license for three years. Mr. Ross asked if the sentence could be served at the Dargaville police gaol, the magistrate stating that he had no objection if that could be arranged.