AN APPEAL FAILS

Wanganui Chronicle, Volume 80, Issue 66, 19 March 1937, Page 9

AN APPEAL FAILS

TRUCK-DRIVER’S FINE AND I LOSS OF LICENCE ' 7 HIGHER COURT LETS PENALTY STAND ( Per Pres, Association. I AUCKLAND, March 18. An appeal by Martin Glendale Hansen. truck driver, against his conviction and fine of 120 and cancellation oi nis 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 the respondent, Constable Kimberley. The appeal, which took the form of a rehearing of the evidence, was on the ground that the fine and cancellation of licence were erroneous, both in law and in fact, in that the decision was given against the weight of evidence and 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 that he had no doubt that the 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 witness’ expenses were allowed the respondent.