DRIVER FOR 40 YEARS

Press, Volume CV, Issue 31007, 12 March 1966, Page 22

DRIVER FOR 40 YEARS

Disqualification Quashed

A man who had driven 40 yea re without an accident, until a collision led to his conviction on January 28 for failing to give way, appealed successfully in the Supreme Court yesterday against two months’ disqualification from driving as part of the penalty. A claim by the appellant, Thomas James Rouse Jamieson, a plumber, for whom Mr R. J. de Gold! appeared, that such disqualification was excessive in all the circumstances was upheld by Mr Justice Wilson. Mr de Goldi submitted that Jamieson’s offence had been “a minor one,” probably caused by the speed of the other vehicle concerned, which independent witnesses placed above 40 miles an hour. Jamieson had been the main sufferer, being injured and spending some days in hospital, whereas those in the other car escaped lightly. As a plumber employing other men, driving was an important part of Jamieson’s business, Mr de Goldi said, and the disqualification a great hardship to him. In allowing the appeal, his Honour said: “I do not want it to be understood that in every case where a vehicle approaching on a defendant’s right is travelling at excessive speed, there should be no disqualification. I am simply saying that this is a matter which must weigh substantially with the Court in mitigation of sentence—and in this case, the high speed of the other vehicle and the injuries the appellant himself suffered are matters which, I think, should have persuaded the Magistrate against exercising his discretion to cancel the licence.” Mr N- R. Morgan, for the Crown, had submitted that the Magistrate had been entitled to exercise such discretion.

Further Adjournment An appeal by Joseph Thompson (Mr M. G. L. Loughnan) against his conviction and sentence on charges of burglary and assault was further adjourned to March 18. Mr Loughnan said that as Thompson had pleaded guilty in the Magistrate’s Court, he would like time for instructions as to whether the appeal against conviction would be proceeded with.

Committee Of Inspection An order appointing a committee of inspection in connexion with the affairs of the Canterbury Well-Drilling Company, Ltd., in liquidation was made by his Honour, on the motion of the Official Assignee (Mr T. A. F. Withers)