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Salient. Official Newspaper of the Victoria University Students' Association. Vol 42 No. 22. September 10 1979

From the Courts

From the Courts

Photo of a building with arched windows

Should a disqualified driver take the wheel in an emeergency? One magistrate clearly thinks not and demonstrated his belief in court recently. The defendant was charged with driving carelessly and driving while disqualified. He was fined a total of $350 and disqualified again for 6 months. The man had taken over driving when a friends eye infection began to bleed preventing her from driving. In the proves of driving the car to hospital his speed and manner of driving caused a police car to take evasive action and he was stopped.

The man's actions in this situation are understandable and doubtless were a result for concern for his friend. With this in mind the penalty may seem harsh and indeed I feel that is somewhat harder than the situation warrants. However if one considers the implications of drivers taking it upon themselves to provide the services normally reserved for ambulances, then the penalty in this case may to some extent be justified. This is especially true when one remembers that his man was already disqualified from driving, no doubt arising from an already proven inability to drive in a safe manner. If a fatal accident had occured as a result of this 'mercy dash' then (he woman's plight would have been indeed small in comparison.

The carnage on the roads is proof enough that traffic offences involving risk to other road users cannot be taken lightly by the courts. The penalty imposed seems severe only in contrast to other cases appearing in court which receive much lighter penalties despite the fact that they rank equal with dangerous driving. The cases are those involving violent crime. Hopefully the legislators and the courts will soon bring not only parity between these offences but also an increase in penalties associated with them. There can be no excuse and therefore no leniency for offences which risk innocent lives whether it be through violence or just negligent driving.

The magistrates court displayed true pragmatism recently when a charge against a youth was dropped as a result of the youth drowning the day before he was due to appear in court. The long arm of the law is evidently at full stretch when it comes to 'the beyond'. Perhaps however, the judicial system of NZ is loathe to invade the jurisdiction of a much higher court with an apparently very powerful and well experienced judge.

Chris Conway.