Negligent Driver Gets Gaol Term

Sun (Auckland), Volume III, Issue 664, 16 May 1929, Page 9

Negligent Driver Gets Gaol Term

LICENCE CANCELLED YOUTH’S PUNISHMENT “This case is a bad one. It is not a case for a fine, but _ much sterner punishment,” said his Honour, Mr. Justice Herdman, at the Supreme Court yesterday, when he sentenced Francis Clarence Beresford Power, aged 18, to six months’ imprisonment for negligently driving a motor-car, thereby causing the death of Diana Victoria Menzies, aged four. Power was also disqualified from holding a driver's licence for seven years. Mr. Leary, who appeared for Power, said .that prisoner had not been in any Court before. He suffered perhaps through being confused with another member of his family who had been charged frequently in the traffic courts. There was no suggestion that the young man had been joy-riding with its consequent implications of irresponsibility. He had merely been taking an invalid for a drive, and any negligence was of omission rather than commission. He asked that effect be given to the jury's recommendation to mercy. “This case has given me a great deal of thought,” said his Honour, “and in addition to considering your youth, prisoner, I have to consider the life that has been destroyed through your negligent act. I have the public interest to consider, and the law has been designed to protect people exercising their lawful rights on the road. “You knocked the child down, scarcely pausing to see the harm you had done. “This is a bad case, and stern penalty is necessary. Your youth and the jury’s recommendation have been considered in assessing the punishment.”