SENT TO PRISON

New Zealand Herald, Volume LXXV, Issue 23178, 26 October 1938, Page 18

SENT TO PRISON

INTOXICATED DRIVERS | A MAGISTRATE'S VIEW PROBATION NO DETERRENT TWO MEN SENT TO GAOL The opinion that probation would have no deterrent effect on intoxicated drivers and that imprisonment was the only thing that was going to reduce the number was expressed bv Mi'. C. K. Orr Walker, S.M., in the Police Court yesterday, when counsel lor a driver " who admitted intoxication pleaded for probation. Tho case was on© in which Anthony Hugh Milburn, described as a. fisherman. aged 29 (Mr. Dyson), admitted driving a motor-.ar while in a state of intoxication in King Edward Parade, Dcvonport, on Saturday afternoon. A further charge of dangerous driving, which was denied by accused, was adjourned. Sub-Inspector Fox, who prosecuted, said that at about 5 p.m. on Saturday two Devon port constables went to watch for a motor-car. They finally located it in front of a hotel. Just before six o'clock a sailor put several bottles of beor in tho car. "Accused then came out and cot into the car in the driver's scat," said Mr. Fox. "He made an effort to insert the ignition key and put his foot on the self-starter. When questioned by fche constables he admitted he was trying to start the car. The medical evidenco says he was unfit to drive a car. Ho is described as a fisherman and live? at a city hotel."

Submission by Counsel "I find this a most difficult case," said counsel. "It was merely the outcome of an escapade. Accused is a man of excellent family. He is a visitor to this country, lias independent means and does not work for a living. He has bought a boat, and fishing is merely a hobby. Counsel submitted that it was not a case for prison. It was perhaps one for probation. "The idea of probation is a most excellent one if this offence was just an odd one happening occasionally throughout New Zealand," observed the magistrate. "As the offence is prevalent, it appears to me probation is not suitable punishment to deter others. If I admit him to probation 1 would be bound to do the same to others."

The magistrate added that he was sending accused to prison, not so much as punishment, but mainly as an example to others, A sentence of two weeks' imprisonment was imposed and accused's licence was cancelled for 12 months. Arrest in Quay Street

William Alexander Ronnie, driver, aged 27 (Mr. Craig), pleaded guilty to a charge of being in charge of a motor-car in Quay Street on Saturday while in a state of intoxication. Shortly after five o'clock on Saturday afternoon Constable Purcoll saw accused and a companion walking to a car in Quay Street, said Mr. Fox. Accused got behind the wheel and was immediately approached by the constable, who saw that the two men were intoxicated. Accused said he was not the driver and said lie did not have the key. "The constable arrested both men. one for ordinary intoxication," added Mr. Fox. "At the police station accused admitted he was the driver. At 5.30 p.m. he was examined bv a doctor, who found he was moderately intoxicated and not fit to drive. VVo have no previous record of him." Fortnight in Gaol Accused was only a young man, and lip to 4.15 p.m. on Saturday he had spent the entire clay at home, said counsel. Ho then went into town with his brother and had three hottles of beer in a hotel. Ho was not actually driving the car and had never been in trouble before. Counsel submitted that the case was one for a fine. "I have given full weight to everything counsel has said, but 1 must impose a sentence of two weeks' imprisonment with hard labour," said the magistrate. Accused's licence was cancelled and an order made that another should not be issued to him for a further 12 months.

A CASE DISMISSED COURT UPHOLDS DEFENCE ACCUSED'S WIFE DRIVING CAR "I will have to give the benefit of the doubt to accused as to who was driving," said Mr. C. R. Orr Walker, S.M., when Harry George Lowe, tobacconist, aged -13, appeared in the Police Court yesterday, charged with being in charge of a motor-car while in a state of intoxication in Beach Road on October 15. Accused, who was represented by Mr. Turner, pleaded not guilty. Accused was arrested following an accident. After a number of witnesses had been heard, the magistrate said there was evidence to show that accused's wife was driving. On the point whether accused was in charge of the car, even though ho was not actually driving, the magistrate said he did not think the evidence was sufficient to make him hold that accused was in charge. His wife was driving, and presumably was in charge. The case was dismissed.

REMANDED ON BAIL CASE FROM WATERFRONT Charged with being in charge of a motor-car while in a state of intoxication at QueAi's Wharf on Saturday, William John Luehterhand, steward, aged 36, appeared before Mr. C. R. Orr "NYnlker, S.M., in the Police Court, yestenlav. Accused was represented by Mr. W inter.

On the application of counsel accused wus remanded until to-morrow. He was granted bail of £'.")o in self and one surety of £">o.

CARRYING CONTRACTOR EFFORTS TO START A TRUCK [from our own correspondent] HAMILTON, Tuesday A plea of guilty was entered by Thomas Leslie O'Connor, aged MB. a carrying contractor, before .Mr. S. L. Paterson, S.M., in the Hamilton Police Court to-day to a charge of being found intoxicated while in charge of a motor-vehicle. , Senior-Sergeant G. 11. Lambert said accused was seen trying to start the engine of a truck in Marama Street on Saturday evening. He was very inebriated. A doctor examined him and certified that he was unfit to drive. Accused was contracting for the Public Works Department on the Ham-ilton-Cambridge road. He wns a widower with five young children and he earned his living with his truck. Accused undertook to take out a prohibition order. He wag fined £lo and liis driver's liconce wrs cancelled for 12 months. Accused was also ordered to pay £1 Is doctor's fee. He was given three months in which to pay.