A LEGAL KNOT

Rotorua Morning Post, Volume 2, Issue 434, 19 January 1933, Page 3

A LEGAL KNOT

MAN IN COLLISION USES THE NAME OF HIS S SON. AN INDICTABLE OFFENCE. Legal complications caused some hard thinking in the Magistrate's Court at Christchurch recently, when Mr. E. D. Mosley, S.M., endeavoured to amend an indictable charge so as to bring it under the Motor Vehicles Act. Those complications, however, could not be overcome, and the charge remained indictable. The case was one in which Walter Thomas, a labourer, aged 49, was charged with making a false docu- : ment regarding a motor collision on January 2, 1931, with not having a driver's license, and with failing to give way to a veliicle approaching from the right. Evidence showed that he had produced his son's license, and had signed his son's name to a document.

After the evidence had been taken, the magistrate said that it was a pity that the man could not be dealt with under Section 32 of the Motor Vehicles , Act. It was certainly a grave offenee, and if the information were amended accused would have to suffer the maximum penalty under that section — to make the charge indictable seemed to be taking the most extreme step. "I think I might amend the information," he said. Sub-Inspector G. B. Edwards, however, pointed out that six months was the limit for bringing information if it were a summary charge. He considered that once indictable information was laid accused was either committed to the Supreme Court, or the information dismissed, but he was not trying to put anything in the way. The Magistrate: I'm trying to get over the legal and technical difficulties. The point of time-limitation raised by the Sub-Inspector prevailed, and the charge remained indictable. Accused was committ^d to the Supreme Court for sentence on the first charge, on the second he was ordered to pay costs, and on the third he was fined 10s and costs. Bail was allowed in self £50 and one surety of £50.