GAOL FOR LORRY DRIVER

Nelson Evening Mail, Volume LVI, 7 January 1926, Page 4

GAOL FOR LORRY DRIVER

A 1’ KI) KSTRaTx KTLLKI) TWO YEARS' HARD LABOUR Before the ( hief Justice. Sir William Irv ine.'in the Criminal Court in .Melbourne recently; the trial was concluded of Thomas Sullivan, aged 2f! years, motor lorry driver, who hud lieen committed to trial by the city coroner on a charge of having killed Ivy .lane .McKenzie at Kootscray. The Crown prosecutor, Mr Macindoe. prosecuted, and Mr 'l', C. Brennan appeared for the defence. The Chief Justice, in summing up to the jury, said: —A greet deal has been said to you on tin* subject of drunkenness. The Crown says that Sullivan was drunk, but the defence says that he was not. I think you can have no doubt that Sullivan was driving the lorry wliieii knocked down and killed this woman, and also that the woman died as the result of Doing knocked down and being run over liv tlu> lorry. The issue of whether Sullivan was drunk or suiter is of no importance. It lias been said that the driver would not reasonably expect any persons to be on the road at this time, it would lie dangerous to lavdown a rule that motor drivers should not keep a sharp look out for such emergencies. In a civil act ion it might have been a good plea to have alleged contributory negligence oil the purl of this tit. fort unate woman and her husband in walking on tiiis pari of the road, but the plea is of no nsin Ibis ease. 11 had been held that A is manslaughter if a drunken man. staggering across the road, is knocked down and killed. Having inspected tlfe motor lorry and the scene of the accident, the jury, after a retirement of four and a-hnlf hours, returned a verdict ot guilty. Mr Brennan: The verdict of the jury involves a finding of recklessness on tlu> part of Sullivan. It is a fuel ng which does not involve moral latitude and docs noi involve anything in the nailin' of d'dibera t ion. II: is only. n. young man on the threshold of lit '., and to know thai lie lies been the cause ol tiie death of a young woman like, tlii's is. in mv opinion, siifiieient punishment. The ('hief Just ire Ito Sul'ivaii I : You Lave lieen convicted of manslaughter on evidence on which any reasonable jury would have come to tln* sanic decision. 1 have heard your counsel s plea in mitigation, and I agree with one remark that there was no debberai’on. The otl'enec is not so criminal as it wouhl have lieen hi other circumstances. Tiie offence is most grievous according to law. Sullivan was sentenced to imprisonment for two vears with hat'd labour.