RULING BY JUDGE

Press, Volume CVI, Issue 31092, 22 June 1966, Page 8

RULING BY JUDGE

Traffic Cases Adjourned Because of a recent decision by Mr Justice Wilson, two defended traffic charges set down for hearing in the Magistrate’s Court yesterday were adjourned to July 12 by Mr E. A. Lee, S.M. Ediward Feilding, aged 51, a storeman (Mr P. D. A. Hinchcliffe), was charged with using a vehicle carelessly, and David Victor Dodge, aged 27, a manager (Mr J. P. Macfarlane), was charged with driving at a speed which might have been dangerous. His Honour on Friday said that the standard New Zealand practice of framing informations pn some traffic charges was illegal in the lack of sufficient detail to inform a person of what was alleged against him. In particular the decision affected the present wording of such charges as careless use, driving at a speed which might have been dangerous, and dangerous driving. In such charges it has not been the standard practice to include in the wording of the Information the particular allegation or allegations of carelessness or danger.

Mr J. G. Leggait, appearing yesterday for the Christchurch City Council traffic department, said it was desirable for the two cases to be adjourned for a month so that the full implications of Mr Justice Wilson’s decision could be considered. The Crown Solicitor (Mr C. M. Roper) had informed him that en appeal to the Court of Appeal against Mr Justice Wilson’s decision might be made.

The Magistrate said he had not fully read Mr Justice Wilson’s decision, but it seemed to him that the matter could be met by amending the informations laid against the defendants and allowing the prosecutions to proceed. Mr Leggat replied that the matter went tether than that and could possibly involve the question whether a magistrate had jurisdiction to hear the charges as they were at present After further discussion the Magistrate adjourned both cases. Later in the morning, Mr P. G. S. Penlington, appearing for a defendant on another but unrelated traffic charge, asked the Magistrate whether solicitors could consider that all charges which came within the scope of Mr Justice Wilson’s decision would be adjourned. The Magistrate replied that at present he had not discussed the matter with other magistrates, but he thought that they would be. A statement on the matter would bo issued.