MAGISTRATE’S DECISION UPHELD

New Zealand Times, Volume XXXII, Issue 7319, 24 December 1910, Page 11

MAGISTRATE’S DECISION UPHELD

A MOTOR-CAR CASE. An appeal against. a decision of Mr W. R Haselden, S.M., was dismissed by hia Honor Sir Robert Stout in tho Supremo Court yesterday. The appeal was brought by Charles Rym, ohalleur, against Denis Mahoney, a constable at Upper Hutt. In the original case Pym, a chaffour in the employ of Mrs Jacob Joseph, was charge! on the information of Constable Mahoney with driving a motor-oar at a speoci dangerous to the public, and with not using a bell or other instrument to warn people when approaching them on the Great North-Eastern Road. Pym was convicted and fined £2, with 7s coats. This decision was appealed against, Mr Wilford appearing for appellant, nnd Mr H. H. Ostler for the respondent. The ground of the appeal was that prosecutor had neglected to prove the weight of the car, and whether it came within the definition of motor as set oat in section 22 of the Motor Regulations Act, His Honor, in dismissing the appeal, said the Magistrate had found that it was proved that the car*was an ordinary motorcar used . for passengers only. -It was not found that the car did not exceed three tons in weight. The Magistrate inferred that, as there was some evidence that it had a number, it must be assumed that it was registered under the Act. The point was raised that prosecutor was not bound to show the weight of the car. His Honor was of opinion that It was not necessary to prove an exemption under the Act, but that it was for defendant t ' prove tho weight if he desired to get an exemption. Appellant would have been convicted if he had been charged under sub-section D of section 4 of the Police Offences Act, 1908.