GIVEN THE BENEFIT OF THE DOUBT

Sun (Auckland), Volume 1, Issue 108, 28 July 1927, Page 15

GIVEN THE BENEFIT OF THE DOUBT

WHANGAREI MOTORIST ESCAPES CONVICTION (From Our Oxen Correspondent.) WHANGAREI, To-day. James A. S. McKay, farmer, of Kamo, and a well-known man in public life in Whangarei, being a member of the County Council and the Hospital Board, pleaded not guilty to negligent driving of his car, before Mr. F. H. Levien, S.M., at the Whangarei Magistrate’s Court this week. The case for the prosecution was that defendant negligently struck a car driven by Charles Stockley on the Kamo Road. It was alleged that McKay was travelling at 30 miles an hour and knocked Stockley’s car back nine feet. For the defence McKay and his witnesses declared that both foot and hand brakes were applied and speed reduced to two miles an hour. In summing up. the magistrate said in a case of this kind the prosecution had to prove a. guilty mind. The word “negligent” had a different meaning applied to criminal law as against that of tort. Where a man was charged with a criminal degree of negligence, the exhibition must be graver than that exhibited in actions for tort. There was not a very great deal of damage done and he could not see why he should set up a very difficult precedent to follow in declaring accused guilty. The latter was entitled to the benefit of the doubt, and he would therefore dismiss the information.