GAOL SENTENCE

Southland Times, Issue 22730, 5 November 1935, Page 8

GAOL SENTENCE

MOTORIST CHARGED INTOXICATION ALLEGED REHEARING GRANTED (Per United Press Association.) Dunedin, November 4. Although actually only a passenger in his own car, Gustave Neilson, aged 40, was held by Mr H. W. Bundle, S.M., in the Police Court this morning to have been in charge of a car while in a state of intoxication and was sentenced to three weeks’ imprisonment. The car, which w r as involved in a collision with a taxi in Princes street, was driven by Jack Williamson Brockie, aged 25, who pleaded guilty to a similar charge and was fined £lO, his driving license being suspended for a year. It was argued by the defence that Neilson, who was very drunk, could not be convicted, as he did not drive the car at any stage, and that Brockie’s admission that he was in sole charge of the car disposed of the case. His Worship expressed the definite opinion, however, that Neilson could be charged that he was not in such a state of helplessness as would prevent his forming an opinion, and that it was immaterial whether he was charged as principal or as one aiding and abetting the offence. This afternoon counsel for accused announced that he proposed to ask that one of two courses be adopted, either that a rehearing be granted, or that security be fixed for appeal. He submitted that there had been a miscarriage of justice in the case against Neilson and would ask for a rehearing on the ground that certain medical evidence had not, as the result of a misunderstanding with the police, been produced. The Magistrate said that in the case of a criminal charge, the Court leaned towards granting the admission of any evidence that would be of assistance to the accused person and granted a rehearing. Neilson was remanded to appear on Thursday morning when this evidence will be called for the defence. He was allowed bail in self of £25 and one surety for £25.