"JUST AND SENSIBLE"

Hawke's Bay Herald-Tribune, Volume 81, Issue 72, 17 December 1937, Page 5

"JUST AND SENSIBLE"

Presa Assooiation.)

Judge Upholds Magistrate CHARGE OF SPEEDING FAILS

(By Telegraph—

AUCKLAND, Last Night. An unsuccessful appeal against the decision of Mr G. N. Morris, S.M., of Whangarei, in' dismissing a prosecution again a taxi-driver for a breach of the traffic regulations, was brought before Mr Justice Callan in the Supremo Court. The taxi-driver, Stanley Ruddell (Mr Trimmer) had been charged with exceeding the speed limit of 30 miles an hour within the Borough of Whangarei. An appeal was made by the Whangarei Borough Council, through its traffic inspector, James Henry Ashton (Dr. McElroy). Tlie facts were admitted and the appeal was solely on a point of law. The Magistrate gave as his reasons.for dismissing the case that there had been no danger to the public, that the defendant was a good driver, that the speed was not greatly in excess of the limit, and that the breach was occasioned by the inspeetor's own conduct. His Honour said the facts as. stated by the Magistrate showed that the only cause that led the defendant for a very sbert space of time to exceed the 30-mile-an-hour limit was a reasonable endeavour to get away from the glaring lights of the vehicle behind him. He had occasioned no danger, and he was a good driver, which was the reason for not subjecting him to a conviction for a highly technical breach. Magistrate's very frequently exercised such discretion, and he was certainly not going to declare they had no power to do it. "The decision of the Magistrate was just, proper and sensible and should have been accepted by the local body. The appeal will be dismissed with costs £5 5/-," concluded his Honour.