NEGLIGENT DRIVING

Evening Post, Volume CXII, Issue 55, 2 September 1926, Page 8

NEGLIGENT DRIVING

APPEAL AGAINST SENTENCE JUDGE BESEBVES DECISION, ;] (By Telegraph.—Press . Association.) AUCKLAND, This Day. A motor accident at Papakura on' the night of 22na January, in which one passenger was killed, another had a leg broken, and a third lost her sight, was recalled in the Supreme. Court, " when Joseph Mercer, a motor mechanic .(Mr. Holmden) appealed against his conviction by Mr. ■!?. K. Hunt, S.M., for negligent driving. The appeal was on a question of fact, it being con» tended there was not sufficient cvi-; dence of negligence. The Magistrate had increased the sentence, of month's imprisonment to one month and one day to allow of the appeal. Mercer, in evidence, said that he had taken out the car, a now one, with the object of " tuning it uj. " He was not going at much more than 25 miles an hour. Mr. Meredith (Crown Prosecutor): "Is that not ono of the worst roads in the. district?" - ■ Appellant: "I do not know." Mr. Justice Herdman: "When you get into the late Mr. "Maescy's-electo-rate things improve." After legal argument, hip Honour said he could not allow the appeal. He was, however, inclined to modify the sentence. • • • ' Mr. Holmden: "It was rather harsh. Sir." His Honour: "It is not that, but the man has suffered enough as it is." His Honour remarked that he had power to modify the sentence, but. he was uncertain to what extent. "Perhaps," he said, "I could admit the accused to probation and fix a condition that ho should pay a certain sum of money." After further discussion with counsel, his Honour reserved the point until to-morrow.