IN CHARGE?

Evening Star, Issue 23701, 8 October 1940, Page 3

IN CHARGE?

DRIVER CONVICTED WAS OWNER ALSO GUILTY ? [Per United Press Association.] JNVK'IICARGILL. October 7. Whether two intoxicated men travelling in a motor car could be convicted of intoxication in charge of the car was discussed in the Magistrate’s Court to-day The charges were preferred against John Macpher.son Bain, who was driving the car. and Matthew Duffy. the owner of the car, who travelled a.s a passenger. Bain was convicted and sentenced to 11 days’ imprisonment. and disqualified from obtaining a driver’s license for three years. Mr J. C. Brain, who appeared for Duffy and entered a plea of not guilty, said that it was admitted that Duffy was drunk. There were two matters, however, which ho desired to place before the court. The first was that Bain had already been convicted and sentenced for being drunk in charge of the car. Was it possible for Duffy to bo convicted for being in charge of the .same ear at the same time? That would he extending the meaning of the Act too far. Then there was tiie question whether Duffy was in charge of the car at all. He submitted that Huffy was not in charge of the ear at any stage. The inspector had taken away the kevs, and this would effectively prevent the defendant from driving even if lie wished to do so. The magistrate (Mr H. C. Abernethy) said that the question would require some consideration, and be remanded the defendant until Wednesday.