SUPREME COURT

Hokitika Guardian, 28 July 1933, Page 6

SUPREME COURT

ISLAND. BAY MOTOR FATALITY

DRIVER FACES SERIOUS CHARGE

(Pt Press Assoviationr— Copyiight.)

WELLINGTON, July 28,

Frederick Patrick Hooker, aged 23, driver of the motor car which went oval' a bank at Island Bay in April, killing four members of a cabaret party, was charged to-day in the Supreme Court with negligently driving a 6ar, thereby causing the deaths of James Ileh’ry W ood, his wife, iMajOrie Wood, Olga BardebeS, and Emeest Joseph Dickson. Evidence for the C l- own was similar to that at the preliminary-Hearing.

Opening the case fo r the Crown. Mr McCagSOy said that it would be shown, practically on Hookers’ own admission, that he had had no license do drive. He was an inexperienced driver, and was with the road. It whs fcontendod that the fact that the car’ went over the bank was not due to defective driving. Skid marks, 18 feet long, made by the back wheels were found on the road showing that the wheels had locked.

The submission of the Crown was that the accident was due .to the incompetence and carelessness of Hooker, and hi s want of knowledge of the road.

THREE MONTHS’ HARD. LABOUR,

DUNEDIN, July 28

In the iSuprienie •Court, Rriymond Theodore Padman, aged 23, was sentenced to three years’ hard labour for setting fire to Mum,penny’s petrol station.

The Grown Prosecutor drew attention to the perverse wickedness shown when, after entering the place and stealing a miserable 12s 6d, accused was prepared to put the owner and insurers to the heavy loss involved if the attempt t 0 fire the place bad succeeded.

DEATH FOLLOWS BLOW. DUNEDIN, July 28

“When all i s said, it yet remains that you struck deceased to the ground with (such force that hjs skull was fractured,” stated Mr Justice Kennedy,” sentencing Arthur John Thomas Wilkinson, aged 28, to two years’ reformative on at manslaughter charge arising ’ from an ''incident in Rattray iStreot on June 3, in which Petel' Smith Was struck, dying shortly after.

DRUNKEN DRIVER CONVICTED

PALMERSTON NORTH* July 28

“You have pleaded guilty to an offence of a class, which, unfoi-tunately; is becoming very common in this country/’ t'aiid -the Chief Justice iSi 1 - Michael (Myers), in sentencing Sidney Grslham, a. Maori, aged 33, for negligently driving motor cycle at Bunnytliorpo, on February 14, causing the death of 'Hop'eta, Raika Tereama, and bodily injuries to Gordon' Leslie Thompson., and Julian Graham, t '‘The.;.-position is .sudjx at present that : thfe'King’s highway ha s become a place on which it is unsafe to be. That •is '4' condition of -.'affairs -'.which must,* if possible, be remedied.’’ Liter, His Honour added - :"“I never think of sentencing a person to imprisonment for negligence, whichamounts to no more or little more than an error of judgment. I am justified in saying that is the attitude of all judges. The position is different where negligence is-gross or culpable, or rises from the misconduct of accused in first getting into a, state of intoxication during which a negligent act is committed, That is exactly ‘What you did. You drove your, motor cycle lat night without a light oh the wrong side of the road. The collison occurred with an innocent -victim as the result of your culpable negligence. li on, e of your passengers was killed and another seriousy injured. The rider of the other motor cycle was seriously maimed for life.” Sentence of six months’ without hard labour was imposed, /die- present license to be suspended and prisoner debarred from obtaining a license for a further three years. SIX MONTHS’ GAOL.

Samuel John Sullivan, jum., 21 years of age, of Wanganui, was sentenced to six months’ without hard labour for negligently driving a,-motor vehicle on April 28th, causing the death* of a cyclist. John Patrick O’Farrell.

In this case, His Honour said that he did not condemn a young man, under ordinary circumstances, taking a little liquor if he wished, but any person should refrain from indulging in intoxicating liquor when about td drive a motor vehicle, which, unless properly controlled, might lie dangerous to persons or property. His Honour added that accused had consumed little more than admitted, tholigh he was not in a state of intoxication within the meaning of the Act. Accused was similarly debarred from holding, a license, as in the case' of Graham.