PRISON SENTENCE

Southland Times, Issue 22097, 18 August 1933, Page 8

PRISON SENTENCE

INTOXICATED DRIVER HEALEY GIVEN YEAR’S HARD LABOUR JUDGE’S COMMENTS Severe strictures on the conduct of motorists who, becoming intoxicated, constitute themselves a menace to the public, were made by his Honour Mr Justice Kennedy in the Supreme Court yesterday when sentencing to a year’s imprisonment with hard labour Hugh Healey, an ex-barman, of Dunedin, who had been found guilty of having so negligently driven his motor car while he was in a state of intoxication that he caused the death of Samuel George Inder. The jury strongly recommended mercy because of the mental stress the prisoner must have suffered by reason of the fact that the deceased was his brother-in-law. Mr D. L. Poppelwell, of Gore, who represented Healey, pleaded for mercy in terms of the jury’s recommendation. The prisoner, who was aged 58, had hitherto borne an excellent character and the utmost leniency was sought seeing that he had suffered great agony of mind because not only had he lost his relative, but a very close friend. He was a man of great sobriety and, as his health was not too good, counsel submitted that it would be a serious matter for him were he to be confined. Mr Poppelwell urged that the provisions of the Probation Act should be extended to Healey. The Crown Prosecutor (Mr H. J. Macalister): Your Honour will have had the benefit of reading the report of the probation officer (Mr C. G. L. Pollock), who states that the character of the accused in the past has been good. “You have been found guilty by a jury of the offence of being in a state of intoxication while in charge of a motor vehicle and, by an omission in relation thereto, causing the death of a human being,” said his Honour in addressing the prisoner. “I cannot disregard the fact that motorists in a state of intoxication are a menace not only to themselves and their passengers, but to all who may be upon the roads,” the Judge continued. “No one knows what danger awaits him if, whether by day or by night, he should meet an intoxicated motorist. It is true that in this case your passenger who met his death was a relative and that he shared with you the responsibility of his own death. I must, however, view this crime from the public aspect. It is an offence against the public, particularly concerning those using the road, whether they be pedestrians or motorists, and I must accordingly pass a sentence which will act as a deterrent to those who, like you, fail to properly appreciate that the public safety must not be imperilled. There was here no mistaken judgment or anything like it, but, on the contrary, wild and irresponsible driving which resulted in the car being somersaulted at night in the streets of Gore. You will be imprisoned with hard labour for one year and your driving license suspended until that day, while you will be declared unfit to hold another license for a further four years.”