SERIOUS POSITION

Poverty Bay Herald, Volume LXV, Issue 19622, 4 May 1938, Page 6

SERIOUS POSITION

NEGLIGENT DRIVING ALLEGED CAUSE OF DEATH INSUFFICIENT DETERRENT VIEW OF CHIEF JUSTICE (Per Press Association.) HAMILTON, this day. "In regard to cases of negligent driving causing death the position is serious and important, not only here in Hamilton, but generally throughout the Dominion," said the Chief Justice Sir Michael Myers, in his charge to the grand jury at the opening of the quarterly session of the Supreme Court in Hamilton to-day. "As an illustration of the gravity of the situation," continued His Honour, "I would point to the fact thai hot only are there three such cases for consideration here at one sitting, but you probably have noticed in the published calendar for the Auckland session that there are no fewer than four of the same class of case for consideration there. "Here we have on one day in two cities, less than 100 miles apart, seven cases for consideration in which the alleged negligent driving of motor vehicles has caused death. "It does not follow that in every case of this Kind the person charged has been guilty of negligence, but on the other hand the number of such cases involving death or bodily injury which come before the court is negligible compared with the total number of such cases throughout the Dominion. I venture to say that scores of such eases are settled in the civil court which never come before the criminal courts at all. For every case again heard before the civil court there are scores of cases involving bodily injury which are settled, either after the writ has been issued and before trial, or without the issue of any writ at all. "Supposing (he accused is acquitted and an action for damages is brought in the civil court," continued Ill's Honour, "the negligent driver loses nothing and his damages are paid by someone else, lie merely .suiters his own personal costs in the criminal court and even these may be paid for him. "The result is that there is not sufficient deterrent against the negligent driving of motor vehicles." The most effective deterrent is the cancellation of the driver's license and the prohibition of his obtaining another for a number of years.

"However, power to impose that penalty is limited and Ihe court has no power to protect the public !n that way unless the person is charged with one of the most serious charges.

"The cutest ion is whether it would not be in the interests of public safety to extend Ihe power of cancelling licenses and prohibiting a driver from obtaining a license as a result of civil actions where death or bodily injury has been proved to have resulted from negligence," said txLr Michael.