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Legislative Assembly Hansard 1961

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Legislative Assembly Hansard 1961 Queensland Parliamentary Debates [Hansard] Legislative Assembly TUESDAY, 10 OCTOBER 1961 Electronic reproduction of original hardcopy Questions [10 OCTOBER) Questions 577 SENTENCE OF JOHN REID CLARK FOR TUESDAY, 10 OCTOBER, 1961 DANGEROUS DRIVING Mr. AIKENS (Townsvi!le South) asked Mr. SPEAKER (Hon. D. E. Nicholson, the Minister for Justice- M urrumba) took the chair at 11 a.m. "(1} Did a man named John Reid Clark run down and kill a pedestrian on a zebra CIRCULATION AND COST OF crossing and later in the Brisbane Supreme "HANSARD" Court this week before Mr. Justice Mr. SPEAKER laid on the table the report Matthews did the jury find Clark guilty of the Chief Reporter, State Reporting of dangerous driving?" Bureau, on the circulation and cost of "(2} (a) What is the maximum penalty "Hansard" for the session of 1960-1961. for this crime, as determined by Parliament recently by amendment to 'The Criminal QUESTIONS Code' and (b) what sentence was imposed by Mr. Justice Matthews on Clark?" REVALUATION OF LAND, PARISH OF ENOGGERA "(3) Did Mr. Justice Matthews also say Mr. LLOYD (Kedron} asked the Minister in passing judgment that as driving a car for Public Works and Local Government- might be important to Clark his driving "(!} To what extent was the revaluation license would be suspended for only six of land in the Parish of Enoggera, months, only half as long as he (Mr. announced September 27 based on inflated Justice Matthews) would have otherwise land speculation and sales by private com­ done?' panies and land developers in the suburbs "(4) If the answer to Question 3 is in of Gaythorne, Mitchelton, Everton Park the affirmative, can the people take it to and Keperra?" mean that the period of suspension of a "(2) If such land sales, which are based criminal's driving license is determined not on the cost of bitumen road construction, by the circumstances of the crime com­ concrete water channelling, interest mitted or the verdict of the jury, but by charges, high profit margin and, in some the inconvenience that such suspension cases, sewerage, have been used as a basis might cause the criminal?" for revaluation and in view of the fact "(5) It it a fact that during the that other land owned in these suburbs has Parliamentary debate on the amendment to become part of Brisbane's dust bowl with a 'The Criminal Code,' which doubled the lack of all reasonable services, due to previous penalties for 'dangerous driving', neglect by previous Council administra­ he and all Members participating in the tions, will he advise whether it is possible debate and on a measure at present before to have a review made by the Valuer­ the House stressed the need for adequate General of the savage increase of 202 per penalties as a strong factor in reducing the centum in the rateable value of this land?" awful carnage on our roads? If so, were "(3) If not, when will official notices be these opinions made known to the forwarded to land owners in this parish judiciary?" to enable them to prepare appeals against the increases?" "(6} Did Mr. Justice Wanstall earlier this year, when sentencing a criminal to Hon. H. RICHTER (Somerset) replied- a three months' jail term for a similar "(!) Valuations for the revaluation of crime, before Parliament doubled the the City of Brisbane are being based on a maximum penalty, say, inter alia, 'a jail fair appreciation of the market. Valuations sentence in these cases should be the rule for the Enoggera Division were applied rather than the exception?' " after a thorough investigation of the sales "(7) In view of all these things, does he over the whole of Enoggera and adjoining consider that the sentence imposed by Mr. Divisions and are in no way related to that Justice Matthews on this killer to be section of the market which could be adequate and, if not, what action does he termed inflationary or speculative. propose to take to see that Parliament is Enoggera Division includes parts of the re-established as the only law-making suburbs of Bardon, Ashgrove, The Gap, authority in the State?" St. Johns Wood, Dorrington, Newmarket, Alderley, Enoggera, Gaythorne, Mitchel­ Hon. A. W. MUNRO (Toowong} replied- ton, Oxford Park, Gravely, Keperra and "(!) John Reid Clark was tried before Ferny Grove. It also has a rural area Mr. Justice Matthews and a jury in the extending to Upper Kedron and adjoining Supreme Court, Brisbane, on a charge that the Shire of Pine Rivers. Everton Park is he unlawfully killed one Lily Edgar Porter. in the Kedron Division, the valuation for On September 27, 1961, he was which has not yet been issued." acquitted of manslaughter and was found "(2} See answer to Question (1)." guilty of the offence of dangerous driving." "(3) Official Notices of Valuation were "(2) (a) Where the conviction is upon posted to owners on Wednesday, Septem­ indictment the maximum penalty for this ber 27, and should have been in the misdemeanour of dangerous driving is a hands of individual owners on the follow­ fine of £500 or imprisonment with hard ing day." labour for two years, or both such fine and 19 578 Questions [ASSEMBLY] Papers imprisonment. Where the offender is con­ "(7) The question of whether there victed summarily the maximum penalty is should be an appeal against the sentence a fine of £100 or imprisonment with hard imposed in Clark's case is under consider­ labour for six months, or both such fine ation. The circumstances of this case and and imprisonment. (b) Mr. Justice the sentence are being examined and com­ Matthews ordered that Clark be fined £20 pared with the circumstances of other and if the fine was not paid within one cases of dangerous driving since 1958 and month that he be imprisoned with hard the sentences imposed therein by the labour for three months. He further various Judges. These cases number thirty­ ordered that Clark be disqualified from six in twelve of which the offender was holding or obtaining a license for a period ordered to serve a sentence of imprison­ of six months." ment." "(3) Mr. Justice Matthews said m pass­ ing judgment, 'I realise that in your pos­ STATEMENT BY MR. SPEAKER ition driving a motor car may be essential LETTER FROM MR. JUSTICE MATTHEWS so far as your work is concerned and in view of that I am reducing the period of Mr. SPEAKER: Following on notice of disqualification which I would otherwise his question last Thursday week, the hon. impose by half, but I think that that period member for Townsville South made a cer­ would be as severe on you as a longer tain statement. Since the House adjourned period would be on other people." for the Budget recess, I have received the following letter from Mr. Justice Matthews:- "(4) See answer to Question (3). The Judges' Chambers, answer to Question (4) is 'No'." Brisbane, October 9, 1961. "(5) The debates as recorded in :flansard are readily accessible to the Honourable "Dear Mr. Speaker, Member. Apart from the publication and I refer to 1961 Parliamentary Debates, circulation of Hansard, no special action is No. 6, page 553, second column under taken to bring the opinions of members to the heading 'Withdrawal of Disorderly the notice of the Judges who, in any event, Member'. cannot take judicial notice of such As this matter mentions my name I opinions." would be deeply grateful if you . would "(6) When sentencing a person named allow me, through 'Hansard', or m any Mclntosh, who was convicted of dangerous manner you deem advisable to record my strongest objection to being abused driving on September 1, 1960. His in this way by a member of your Par­ Honour Mr. Justice Wanstall, after saying liament, and whilst dismissing the other to the prisoner that he had been acquitted matters as unworthy of notice, to deny of the crime of manslaughter, and it would that I have ever over-indulged in intoxi­ be wrong for him to sentence the prisoner cating liquor. as if he had been convicted of man­ Yours sincerely, slaughter, did make the following remarks: B. H. Matthews." 'I have had put before me circumstances in a number of cases which have been tried In fairness to the hon. member for Towns­ in this court over the past two years, in ville South I should also mention that he approached me in regard to making a per­ which the accused person has been found sonal explanation in the House. The guilty of one or other of the offences under explanation was on the lines that he was Section 328A of The Criminal Code and not referring to Mr. Justice Matthews; that in which the courts have imposed sentences he made the remark in a heated and per­ of imprisonment ranging from three sonal brush with another hon. member. months to six months. Some of these cases are not at all comparable with yours, and In view of the Judge's letter and what they do not influence me. On the other I have said, any further statement by the hand, it is my view that the offence of hon. member for Townsville South would dangerous driving is a serious one, having be redundant. regard to traffic conditions today. It is also PAPERS my view that where a person is found guilty of the offence of dangerous driving The following papers were laid on the it should be the rule rather than the table, and ordered to be printed:- exception, having regard to the dangers of Report of the Public Service Superannua­ the road, to impose a sentence of imprison­ tion Board for the year 1960-1961.
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