GAOL FOR DRIVERS

New Zealand Herald, Volume LXXIII, Issue 22427, 25 May 1936, Page 12

GAOL FOR DRIVERS

SIX MONTHS' TEEM PENALTY FOR RECKLESSNESS DISQUALIFICATION FOR LIFE STRONG COMMENT BY JUDGE [by telegraph—own correspondent] WANGANUI, Saturday "The public interest has come to require that cases of grossly negligent or reckless driving must be met by imprisonment, even where the element of intoxication is not, or is not to be regarded as, a contributing cause of the collision," stated Mr. Justice Smith in the Supreme Court to-day, when he sentenced a Maori named Barney Raukopa to six months' imprisonment and disqualified him for life from obtaining a motor driver's licence, on a charge of reckless driving and causing the death of a young man, Alfred Massey.

His Honor said that in determining the penalty it was important to consider the nature of the prisoner's recklessness. In the first place, he was reckless in plating upon the road a car which had in effect no operating brakes. This recklessness was increased when the prisoner drove a car so illequipped at a speed of from 40 to 45 miles an hour on a much-frequented highway. At that speed he could have no control over the car in any emergency. He was an overtaking driver, and it was plain that he passed the taxi on the wrong side and, in so doing, ran into the cyclist on the left of the taxi, "A Potential Danger"

"Not only did you place on the road a vehicle in a most defective condition, but also you drove it in a manner so reckless that you were a potential danger to all other users of the road," continued His Honor. "The first conclusion that I draw from your conduct is that you have shown that you are unfit to be entrusted with the control of a motor vehicle, and I think it is my duty in the interests of all roadusers to keep you olf the roads as a driver of motor vehicles in the future. "If it had been proved that intoxicating liquor was the cause of your conduct, I should have had no hesitation in imposing a substantial term of imprisonment. I suspect that your driving was affected by the liquor which you admit you consumed, but I am unable to say that that has been proved. Imprisonment Necessary

"I am by no means clear that the responsibility for the 'hit and run' action was yours, as one at least of the Maoris in the car was your superior," added His Honor. "However, the public interest has come to require that of grossly negligent or reckless driving must be met by imprisonment, even where the element of intoxication is not, or is not to be regarded ai, a contributing cause of the collision."

His Honor said that the probation officer did not recommend probation, as the offence of which the prisoner had been convicted was far too prevalent. He agreed with the view taken by the probation officer "It is necessary in the public interest to impose an additional penalty of a deterrent character," continued His Honor. "Estimating all the circumstances as well as I am able, the sentence of the Court, in addition to the deprivation of licence, is that you be imprisoned with hard labour for a period of six months." DENTIST SENTENCED DETENTION FOR 15 MONTHS NO LICENCE FOR FIVE YEARS [BY TELEGBAPH —OWN COBBt'SPONDENT] HASTINGS. Sunday A sentence of 15 months' reformative detention was imposed on Moss Wylie, aged 28, dentist, of Hastings, when he appeared before Mr. Justice Reed in the Supreme Court at Napier yesterday morning for sentenco in respect of convictions for reckless driving causing death and reckless driving causing bodily injuries. He was also prohibited from obtaining a driver's licence for the next fivo years, and was ordered to pay the costs of the prosecution, £22 18s 9d, in default three months' extra detention.

The galleries of the Court were packed when prisoner stepped into the dock. He was represented by Mr. W. Selwyn Averill, who submitted that criminal intent was absent from the circumstances, because Wylie could not have foreseen the tragic results. He was a young man who had no blemish on liis character except for his driving, and he therefore asked for leniency.

"The jury did its duty in convicting you," said His Honor. "Your reckless driving has resulted in the death of one person and injuries to others. I entirely agree with the jury's verdict. There is far too much recklessness on the roads. It has been stated that the death of one person and injuries to two others occur in New Zealand on an average every day of the year. "r look on this case as a bad one. I take into consideration the fact that, as a professional man, you will be hampered in business by imprisonment, but 1 must give you imprisonment." It was alleged during the trial that a car driven by accused, travelling at GO miles an hour, struck another car at Awatoto on Easter Monday and pushed it back 60ft. through a fence, killing Arthur Gordon Perry, of Wellington, and injuring three other occupants.