INEFFICIENT BRAKES

Te Awamutu Courier, Volume 56, Issue 4046, 11 May 1938, Page 2

INEFFICIENT BRAKES

CAR OWNER SENT TO GAOL. GUILTY OF MANSLAUGHTER. CONVICTED MAN NOT DRIVING. An unusual case, said to be the first of its nature in New Zealand, occupied the attention of the Chief Justice, Sir Michael Myers, in the Supreme Court at Hamilton yesterday afternoon. Albert Thomas Jones, aged 24, had been found guilty of negligently driving a motor car near Morrinsville and causing the death of Phyllis Marwood, a child of five years. His brother, James Alfred Jones, aged 26, had been found guilty of manslaughter by omitting to have the brakes of his car, which his brother was driving, in efficient order. Mr E. McGregor pleaded for leniency, especially in the case of James Jones, remarking that it was the first time in New Zealand where a man had been convicted of manslaughter in connection wjth a car accident in which the convicted man was not driving. Both men, he added, were of irreproachable character and there was no question of drink in the case. His Honor said men Vke the prisoners created very serious and difficult problems for a Judge. There was no suggestion against either man of criminality in the ordinary sense, but thexr had been convicted of a serious offence involving loss of life. It was true that the girl ran behind a stationary car and created a complication. Albert Thomas Jones was fined £5O, and was ordered to pay £lO 3s 3d, "'rt of the costs of the prosecution, and his driver’s license was cancelled. Referring to J. A. Jones’ case, His Honor said, as he interpreted . the jury’s verdict, the consequences of A. T. Jones’ negligence would have been averted had the brakes of the car been efficient, so that in the last resort the inefficiency of the brakes was the cause of the child’s death. A sentence must be imposed that would indicate to motorists that they must ensure that the brakes of their cars were in order. James Alfred Jones was sentenced to four months’ imprisonment.