ONE LAW FOR ALL

NZ Truth, Issue 1017, 23 May 1925, Page 7

ONE LAW FOR ALL

Magistrate Declines to Consider Status In Sentencing a Motorist to Imprisonment.

(From "Truth's" Hawkes Bay Rep.)

The decision .of Magistrate R. W. Dyer that, except where the circumstaiices are very exceptional, the punishment would be ,gaol for persons found intoxicated whilst m charge of motor vehicles has now been put into operation on several occasions, at least three otherwise respectable and law-abiding citizens of the sunny province having been given seven days m which to repent of their folly. None df the sentences, however, was opposed with the same vigor as Lawyer B. J. Dolan applied to the defence the other day when Henry Lewis 'Carter, 51, was his client on , a charge of the nature referred to.

A plea of guilty having been entered, Inspector Fraser told the Court that as the result of "information received," one of the constables went to the car and . found Lewis lying "dead to the world" over the steering wheel. Before this, Lewis had been seen driving 1 his car from side to side, repeatedly stopping and starting, and was heard to be having a conversation with himself. Lawyer Dolan. pointed out that no actual damage had been done, but his Worship suggested that that was probably a matter of luck.

Lawyer Dolan: "Well, if that is so, sir, the accused should at least have the benefit of that luck. While we are on • the 'subject, however, I wish to say something which I hope will not be misunderstood. To indulge m the plain-speaking -which your Worship usually allows, I wish to say that I' think you are too hard with your sentences m cases of • this nature. For stiffness, some of the sentences which have been passed m this lower Court have greatly exceeded those passed m the Supreme Court. As far as this case is concerned, the circumstances justify the leniency for which I ask. My client is a. sufferer from gastritis, and very little drink is needed to upset him. He is a very respectable mail, holding: a responsible position, and I most earnestly- ask that the case be met with a term of probation. Why] should he be put away with criminals for his first offence, and m addition stand a good chance of losing his position and also having s his driver's license cancelled?

His Worship: Because he has been endangering the Jlives of the public. Mr. v Dolan has suggested that I am more severe than the Supreme Court Judges from whom we take our cue, and I accept his remarks m a cordial and friendly spirit. If this were just an individual case I might agree with him, but it, is not; and the public point of view has to be considered. I have repeatedly tried fines, but without good results, and this sort of thing must be stopped. • I, as a magistrate, can be no. respecter of persons, and I cannot lei one man off because he holds a responsible position and punish another because he happens to be of less importance. To the law all men are equal, and^there is no law for big people and another for the little people. I Qon't care a rap for the station of people. This thing must be stopped, and m this case the accused will go to gaol for seven days. ) .■■''..,