A SALUTARY SENTENCE.

New Zealand Herald, Volume LXVI, Issue 20256, 16 May 1929, Page 8

A SALUTARY SENTENCE.

In sentencing a reckless young motorist to a term of imprisonment with hard labour, cancelling his driving licence, and debarring him for seven years from obtaining such a licence, Mr. Justice Herdman has done his duty in a way that should meet with general approval. The case, as His Honor said, waß a bad one. From, the evidence heard, no other conclusion could be reasonably drawn. It arose from the death of a little child, an • incident inexpressibly sad and regrettable, and the cause of that pitiful death was proved to be the "inexcusably reckless" conduct of the motorist. In the circumstances, the sentence was not excessive. It was certainly not a misdemeanour to be punished with a fine. Had it been treated thus there would have been a very blameworthy miscarriage of justice and failure to uphold the law. Some may bo disposed to say that this young man's punishment, in his remembrance that he has killed a child, will bo so great and so enduring that none should have been inflicted by the law. This is to misconceive the purpose of the law. Remembrance of committed wrong attaches to all criminal acts, and operates varyingly in accordance with the temperament of the misdemeanant. To regard this as sufficient in any case, whatever tho degree of flagrancy in the breach of the law, is to take very dangerous ground. It would make the law impotent and be a virtual denial of its social intent. The streets must be kept safo for those using them in the lawful exercise of their rights. When cases of this sort arise, the deterrent aspect of punishment ought not to be forgotten. The law is rightly designed as "a terror to evil-doers," and to,, ignore this aspect of it is to diminish its value and to lessen the safeguards that the community has a right to enjoy. Against any pity felt for the bearer of the punishment must be set, beside pity for those who have been caused to bear great sorrow, concern for the community as a whole. There have been too many accidents due to reckless driving: even one such fatality as this is too many, and the sentence imposed in the case ought to have a salutary influence.