TRUCK DRIVER’S APPEAL

Southland Times, Issue 23152, 19 March 1937, Page 5

TRUCK DRIVER’S APPEAL

SUPREME COURT HEARING

(United Press Association) AUCKLAND, March 18.

An appeal by Martin Glendale Hansen, a truck driver, against his conviction, a fine of £2O and the cancellation of his driver’s licence for six months, by Mr W. R. McKean, S.M., in the Magistrate’s Court was before Mr Justice Callan in the Supreme Court. Mr Hall Skelton appeared for the appellant and Mr V. R. Meredith for respondent, Constable Kimberley. The appeal, which took the form of a rehearing of the evidence, was on the ground that the fine and the cancellation of the licence were erroneous, both in law and in fact, in that the decision was given against the weight of evidence and that the evidence was insufficient to discharge the onus of proof resting on the prosecution. In dismissing the appeal and refusing to alter the penalty, his Honour said he had no doubt that accused was properly convicted. The driving of a motor-car required a very high degree of quick, mental reaction and co-ordination of the faculties. The evidence of the police was manifestly honest and, with that of Dr Burrell, it left no doubt in his mind. The penalty might seem severe, but it had been imposed by a learned Magistrate of great experience, and this sort of thing was unfortunately prevalent, so that many thoughtful people were calling for it to be suppressed. The appeal would be dismissed and the penalty would stand. Seven guineas'costs and witnesses’ expenses were allowed respondent. •