TERM IN GAOL

New Zealand Herald, Volume LXXV, Issue 22963, 15 February 1938, Page 16

TERM IN GAOL

NEGLIGENT MOTORIST Level crossing fatality COMMENT BY HIS HONOR "GROSS RECKLESSNESS" "It is a clear case of gross recklessness of a man on a clear moonlight night, on a level crossing which had a warning bell and a warning light and a warning signal, running into a train ' approaching at about 15 miles an hour, which gave a long whistle at the crossing," said Mr. Justice Fair when Joseph Shannon came beforo him in the Supremo Court yesterday for sentence for negligent driving of a motor vehicle thereby causing death. "It to be very grave negligence;" His Honor added. The accident happened at the Titirangi Road crossing on the night of September 23, and a man named Geoffrey Bendelow was killed. "There is no suggestion that this man was speeding or that ho was drunk," said Mr. Robinson, who appeared for Shannon, a married man 29 years of age. Shannon's explanation w£is_ that he did not get a clear view of the crossing until ho was SO feet, away. The Crown Prosecutor, Mr. V. It. Meredith, said there was clear evidence that tho train could be seen for a much longer distance than that. His Honor said that such negligence as he had described was incapable of excuse, and a sentence of imprisonmnent must bo imposed in the hope that that would make drivers of motorcars observe their special duty toward their passengers and toward pedestrians. Accused would bo sentenced to a term of six months' imprisonment. His driving licence would bo cancelled, and he would be disqualified from obtaining another licence for two years.