FATAL NEGLIGENCE

Sun (Auckland), Volume 1, Issue 72, 16 June 1927, Page 15

FATAL NEGLIGENCE

JURY RECOMMENDS MERCY REFORMATIVE DETENTION HUMAN LIFE HELD TOO CHEAPLY Press Association. NELSON, Thursday. The hearing of a charge against Edward Carl Smith, of negligently driving a motor-car at Motueka on April 1 last, thereby causing the death of Yolande Murphy, was concluded in the Supreme Court last night, before Mr. Justice MacGregor, After three hours’ retirement, the jury returned with a verdict of guilty, with a strong recommendation to mercy on the ground that, owing to his long and strenuous day, the accused was not able to exercise the care necessary for a person driving a car, and that he was not recklessly negligent. In sentencing the accused to six months’ reformative detention to-day, his Honour said he agreed with the jury’s recommendation. Accused was not in a fit state to exercise due care owing to the long and strenuous day he had had. He considered, however, that the accused would have been more mentally alert had he not stopped at a wayside hotel and taken liquor. Continuing, his Honour said human life was becoming to be held too cheaply on the part of certain motorists. Human life must be protected, and a fine or probation was out of the question.