PRISON FOR MOTORIST.

New Zealand Herald, Volume LXVI, Issue 20256, 16 May 1929, Page 11

PRISON FOR MOTORIST.

'SIX MONTHS' HARD LABOUR. ;no licence for seven years NEGLIGENT DRIVING CHARGE. DEATH OF A LITTLE GIRL. Having been found guilty of negligently 'driving a motor-car in Remuera on April 19 so as to causa the death of a little girl, a jeweller's apprentice, Francis Clarence Beresford Power, aged 19 (Mr. Leary), was yesterday sentenced by Mr. Justice Herdman in the Supreme Court to six months' imprisonment with hard labour. His licence was cancelled and he was further debarred from obtaining a licence for seven years. Mr. Leary said ho could not belittle the gravity of negligence that caused death. Counsel believed that this young man, who had had his licence only a year, had been a careful driver. He was not on what was popularly known as a joyride, but was performing an errand of mercy in taking an invalid for a drive. There was no irresponsible disregard of property and of the conventions. The error was one of ommission rather than of commission, and there was conclusive proof that he did not run away. "Your case has given mo much thought," said His Honor in passing sentence. "You have been convicted by a jury of destroying the life of a child by a negligent act. I am not forgetful of a recommendation which the jury has made, but I have the public interest to consider. I am bound to assess punishment for an act which was inexcusably reckless. Too often, perhaps, in thinking of the future of a prisoner we are apt to forget the distress and sorrow which is the lot of relatives who in the twinkling of an eye lose a parent or a child. The law has been designed to protect persons who in the lawful exercise of their rights use the streets. "On this occasion, you were driving on a clear road in a clear light. There was nothing on the road to obscure your vision. Your companion saw the children on the road when you were over 100 yards distant "from them, and you should have seen them had you kept a proper look-out, but you held on, driving at a fast pace, knocking the child over and, hardly even pausing to look at the harm you had done, you drove away. The girl's evidence made it clear that you must at least have suspected that you had done an injury. "If you did not see children in the 6treet, then you were not keeping a proper look-out. If you did see them, then your recklessness and irresponsibility caused the tragedy. Had you been able to show that you had driven slowly, carefully and vigilantly, you could not have been held to blame, but the evidence was all the other way. I consider the case to be a bad one. It is not a case for a fine. It is a case that requires some sterner form of punishment. I take into account your age and the recommendation of the jury."