GAOL FOR DRIVER

New Zealand Herald, Volume LXXV, Issue 23042, 20 May 1938, Page 12

GAOL FOR DRIVER

INTOXICATION CHAEGE DEATH OF PASSENGER NINE MONTHS' HARD LABOUR NO LICENCE FOR FIVE YEARS [BY TELEGRAPH —OWN CORRESPONDENT] INVERCARGILL, Thursday "There have been warnings about intoxicated drivers from one end of the country to the other, but you seem to have been moan enough and callous enough not to concern yourself about others whose lives might have been endangered by your drinking." This comment was made by Mr. Justice Kennedy in the Supreme Court to-day, when he sentenced Clarence Herbert Hibbs, a married man, to nine months' imprisonment with hard labour, and disqualified him from holding a licence for five 3'ears, for being intoxicated while in charge of a motor-car, and, by act or oinmission, causing the death of John Wilfred Hayes. On a charge of negligently driving a car, thereby causing death, Hibbs was ordered to come up for sentence if called on within one year. " Foolish Escapade",

Mr. G. J. Reed, who appeared for accused, said he had received the probation officer's report and there was a suggestion from that officer that the prisoner had been led into drinking on the Sunday mentioned. "Hibbs knew nothing of the suggestion," said Mr. Heed, "but I ascertained from him that the unfortunate Hayes supplied the money for the 'blue peter' of beer. Hibbs is a married man, his wife is still in hospital, and one man is dead as a result of this foolish escapade. He has never been in trouble before, and is an ordinary citizen." The Crown Prosecutor, Mr. H. J. Macalister, said it was true that prisoner had not been in trouble before. He was not regarded by the police as a drinker. One must agree that it was the unfortunate deceased who was the instigator of the escapade. Warning Not Heeded ' "It is immaterial that your passenger was killed," said His Honor, addressing prisoner. "It might well have been any person on the road. On a Sunday, according to your statement, you procured, mainly at the cost of your companion, about half a gallon of beer at a hotel at Otautau, and you set out with your wife and a companion in a car. Further drink was procured at two other hotels, and at 7.30 that evening you were still drinking. "Later you approached an hotelkeeper and asked for liquor, and very pfoperly he refused to give you any. Later your car ran off the road into a ditch. You were in a drunken condition artd were warned not to drive further. You insisted, and ten minutes or a-quarter of an hour later the car ran off the road and hit a pole, your companion being hurled from the car and breaking his neck. "As far as can be seen, you set off with the intention of consuming liquor on the journey." NEGLIGENCE PROVED PRISON FOR SIX MONTHS [BY TELEGRAPH —PRESS" ASSOCIATION] WELLINGTON, Thursday In the Supreme Court William Robert Thomson, for negligent driving, causing death, was sentenced bj' Mr. Justice Reed to six months' imprisonment with hard labour.