GAOL TERM

New Zealand Herald, Volume LXXIV, Issue 22805, 12 August 1937, Page 12

GAOL TERM

NEGLIGENT DRIVER SENTENCE OF FORTNIGHT ' COMMENT BY MAGISTRATE POSSIBILITY OF APPEAL [BY TEIjKOKAI'H—OWN COJIIIHBJONDENT] INVERCAHGILL. Wednesday On a charge of negligent driving, Erie Clarence Taylor, garage proprietor, was sentenced to 14 days' imprisonment in the Magistrate's Court to-day, tho term to bo increased if necessary to allow tho right of appeal. The magistrate, Mr. W. H. Freeman, said he had never come across a worse case of negligent driving. The charge arose as the result of an accident in which a cyclist was knocked down and injured by defendant's car. Evidence was given by a constable that defendant had driven for a considerable distance on the incorrect side of the road. "Pure Fabrication" Addressing defendant, the magistrate said: "I am going to say that your evidence is a pure fabrication on your part. Is it a fact that you were convicted previously in this Court for a similar offence?" Defendant: Yes. And you were also convicted in Dunedin two months ago for drunkenness, and had your licence taken away ? —Yes. Is it a fact that you were also convited in Lumsden in 1930 for being drunk in charge of a car? —Yes. "Then this is your fourth offence, and I am going to sentence you to a term of imprisonment," said the magistrate. "The position is aggravated by the fact that you have come here and given evidence that is quite obviouslv false." Counsel's Request Counsel for defendant, Mr. G. J. lleed, asked by the magistrate if he had anything to say as to penalty, said he would ask that such a penalty should be imposed as would enable defendant to appeal, as the list of defendants convictions had been improperly put before the Court and questions had been asked of defendant in respect of which no evidence was before the Court. The Magistrate: I asked the questions, and I had a perfect right to do so.