MOTORIST PUNISHED.

New Zealand Herald, Volume LXIII, Issue 19397, 4 August 1926, Page 12

MOTORIST PUNISHED.

SPECIAL PROBATION TERMS.PAYMENT TO INJURED- WOMAN. NO LICENSE FOR - FIVE YEARS. A. number of. special conditions were imposed by Mr. Justice Stringer .in the Supreme Court yesterday in admitting to probation for., three years George Vincent (Mr. Moody), who had pleaded guilty to negligently driving his motor-car in New North Road on the evening of April 3, knocking down and - injuring Mrs. Beatrice Pomeroy, who was alighting from .a tramacr at the King Street stop. Mr., Moody said he. had been advised that. t Mrs.. Pomeroy did not desire that prisoner should be sent to gaol, if the .Court could see its way to punish him otherwise.. . She had her hospital accounts ■and if, prisoner, could, be ordered .to pay them,■ and. .also a sum as compensation, she would be satisfied. . Mr. Goldstine, who was .acting for Mrs. Pomeroy, concurred in this desire. In reply to, the. Judge, Mr,; Meredith, Crown Prosecutor,, said he was quite satisTied on the point. ■ . ■■ :After remarking that prisoner had beep convicted of an. act of. very gross, negligence, His Honor said that, if lie were to do his strict duty to the community he should probably send prisoner to gaol for a substantial term. If he were satisfied that at the time of the accident prisoner was under the influence of liquor he would certainly have done so. He had read the depositions -very carefully, and he was satisfied there was not sufficient proof that prisoner was under the influence of liquor. He was inclined to agree with counsel, for the defence that prisoner was driving a ramshackle car and that his attention, was diverted at the time to some disarrangement of the mechanical gear. " That being the case," His Honor continued, " I think I can extend some leniency. Ido that, because,■■ in the first place, the probation officer's report is ■ very : 'satisfactory'' 'concerning , prisoner's general , character, and also because his employers, the, Moiint Albert Borough Council, for' whom he has. worked'for five years, regard him as a man of good character, honest, reliable, hard working, and as a man who has' never been known to take drink during working hours. In the .second' place,' thewoman who was injured does not desire that prisoner should be subjected,to punishment, except in the way of paying, her some compensation. . In the third place, the probation officer reports, that prisoner's , health is not. good, as a result of ■ war injuries." Taking all these things into, considerathe Judge., added; hq, thought, he might place - prisoner- on probation on somewhat stringent terms. The term would bo three years, subject to the usual conditions," and- .the. special, conditions- that. Vincent paid. £lO /toward the costs of the prosecution and £SO to Mrs. .Pdmeroy, payment , to. be, made .at the rate- of £2, a month, with liberty to the probation .officer to modify .the terms r of payment should lie consider it desirable. As ; there,, was- some ...evidence .of. liquor having been taken by prisoner, he/would -,.^6.,ordered;-to keep. a : .p.rsHbitioii-.order in Hb'reo during the period pf probation, and hp would be disqualified from holding a hiotor driver'slicense' .for five; years.-