PENALTY OF NEGLIGENCE.

New Zealand Herald, Volume LXIV, Issue 19808, 1 December 1927, Page 12

PENALTY OF NEGLIGENCE.

RECENT HAMILTON TRAGEDY BLAIR TO PAY £IOO FINE. NO LICENCE FOR THREE YEARS. EFFECT GIVEN TO JURY'S REQUEST [IIY TELEGRAPH. OWN CORRESPONDENT.] HAMILTON. Wednesday. A fine of £IOO was imposed on John Blair, aged 20, a motor salesman, by Mr. Justice Herdman in the Hamilton Supreme Court to-day for negligently driving a motor-car at Hillcrest, Hamilton, on October 15, so as to cause the deaths of two voung men, John Ward and Walter Thornton Reynolds. The circumstances wero that at about 6.20 p.m. on the day in question Ward and Reynolds wero rising a motor-cycle up the Hillcrest hill and a motor car driven by Blair came round Miller's Corner and collided with tihwn. Both men Were killed. Blair was tried last Thursday and was found guilty. When Blair came up for sentence today, Mr. J. F. Strang pleaded for leniency and pointed out that the circumstances wa-e entirely fortuitous. The same circumstances might have resulted in n<? damage at all. There was no suggestion of insobriety or larrilcanism, and counsel pointed out that Blair had already suffered the greatest punishment in the knowledge that the jur;v had found he had been the instrument by which two fellow-men had lost their lives.

Tho assessment of punishment in cases of this kind always gave rise to difficulty, said liis Honor. There was always absent the intention to kill. The most that could be said was that criminal carelessness had been {iroved, and that tho consequences were shocking. In this case the catastrophe happened not in a crowded city, but on a country road, where there was no congestion of traffic. Then again this case was not characterised by some ot the unpleasant features which bad been present in some of the cases he had had to deal with. His Honor said there was no suggestion of drink. It could not be said of prisoner that he had been callous and had hurried away to hide his guilt. On the contrary, he stopped his car and did all that he could do in the circumstances to help the injured and call for assistance. Continuing, the Judge said neither was it a case like that of a man who, in passing a stationery traincar from which passengers were alighting or which they were boarding, had injured someone. The jury had strcngly recommended that Blair bo dealt with mercifully, and His Honor said he had determined to give effect to the jury's request. He would not imprison Blair, but would fine him. Concluding, His Honor said to prisoner: "Your youth, your behaviour at the time of tho accident, and the fact that you have passed through an experience which in itself is a severe punishment, which you will never forget, have influenced me in the decision at which I have arrived. At the same time. I must mark in some way that will be understood by sense of tho gravity of such misconduct as you have been guilty of." Blair was fined £IOO, in default six months' imp -isonment, and ho was disqualified from obtaining a car-driver's licence for three years. Six months was given in which to pay the fine.

CANCELLATION OF LICENCE COMPENSATION TO WOMAN. Cancellation of his licence for 12 months was part of the punishment inflicted on Herbert Charles Johnson, charged in the Police Court yesterday with negligently driving his motor-car. In addition, he was fined £5 by Mr. F. K. Hunt, S.M., and was directed to pay £lO to Mrs. Hutchinson, who was knocked down. According to the police Johnson was driving his car in Khyber Pass Road. As a tramcar approached, Mr. and Mrs. Hutchinson stepped out on to the road with the idea of boarding it. Just as the tram was slowing down to stop the motor-car drove between it and the kerb. Although Mr. Hutchinson jumped clear ia time, Mrs Hutchinson was struck to tho ground.