MOTOR FATALITY

New Zealand Herald, Volume LXXV, Issue 23037, 14 May 1938, Page 20

MOTOR FATALITY

DRIVER PUNISHED NOT A CASE FOR PRISON FINE AND LICENCE CANCELLED "I do not think that this is a case which calls for the imposition of a sentence of imprisonment," said Mr. Justice Fair in the Supreme Court yesterday, when dealing with the case of Ronald John Sando, aged 27, who had been found guilty of negligent driving so as to cause death. The accident occurred on the evening of November 21, when a car driven by accused collided violently with a tree in Jervois Road, and a passenger, Arthur Owen Greenwood; suffered injuries from which he died shortly afterwards. The jury added a strong recommendation to mercy to its verdict.

Mr. Cocker, who appeared for accused, said that what had happened was not much more than an error of judgment. His Honor might see lit simply to convict Sando and perhaps cancel his licence for a short period. That would have a salutary effect, though no more lesson was needed than what lie had gone through. His Honor said it was true that the negligence of accused had caused the unfortunate death of the passenger in the car, and no doubt accused regretted that as much as anyone. Negligence in driving might vary greatly in degree. The driver who knew that by his excessive speed, or by attempting to cut in ahead of others or by cutting a blind corner he was endangering tho safety of others must expect and would receive a salutary sentence. That was properly so in every case of wilful and reckless disregard of others' safety, but a driver who was guilty of carelessness in circumstances that led him to believe there was little risk and whose negligence was momentary, was in a very different position. In this case there was 110 suggestion that accused was under the influence of liquor. As a result of tho accident he suffered very serious injury himself and was in hospital for some months. He had had to bear the costs of his treatment there, and would hawe to bear the expense of this trial. In those circumstances His Honor though the offence might be sufficiently punished by the imposition of a fine. Having regard to the expense accused had already incurred, be would make the fine lower than he otherwise would. He would impose a fine of £25, to be paid within six months. 'I he accused s driving licence would bo cancelled and no fresh licence would be issued to him for 18 months.