INTOXICATED IN CHARGE

Otago Daily Times, Issue 24423, 8 October 1940, Page 8

INTOXICATED IN CHARGE

INTERESTING LEGAL POINT CAN TWO MEN BE CONVICTED? (Per United Press Association) INVERCARGILL, Oct. 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 Macpherson Bain, who was driving the car. and Matthew Duffy, the owner of the car, who travelled as a passenger. Bain was convicted and sentenced to 14 days imprisonment, and disqualified from obtaining a driver's licence for three years. - J , Mr J. C, Train, 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 he 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 Dully to be convicted for being in charge of the same car at the same time. That would be extending the meaning of the Act too far. There there Was the question, whether Duffy was in charge of the, car at all. He submitted that Duffy was not in charge of the car at any stage. :The inspector had taken away the keys, and this would effectively prevent the defendant from driving even if he wished to do so. The magistrate (Mr R. C. Abernethy) said that the question would require some consideration, and he remanded the defendant until Wednesday.