08/03/1958

OF CRIMINAL APPEAL (INFERIOR)

HARDING WILLIAM

THE POLICE vs THOMAS MC. LEISH R.N

N/A

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N/A

DRIVING WITHOUT POLICE LICENCE - INSURANCE POLICY - INTOXICATION - PENALTY - RECKLESS DRIVING - USE OF OTHER PEOPLE'S CAR

It would be wholly improper to treat as a trifling or trival occurrence the act of any person who, without the owner's consent and without any lawful authority, appropriates another person's car, or boat, or vehicle, to make it serve his own ends, even though for atime, goes off with it, and damagesit or exposes it to the probability of being damaged. This contravention becomes more serious whenthe person concerned drives that car recklessly, in a state of intoxication, and moreover when he is not provided with a driving licence and without an insurance policy against third party risks. The punishment for such a crime should be an adequate deterrent to this ever increasing and perverse tendency of considering other people's property as if it were one's own. Such a crime involves irresponsibility of the gravest kind, apart from the obvious inconvenience caused to the person who is temporarily deprived of the use of his own vehicle, and who often gets it back in a damaged condition;it constitutes a serious threat to the lives and limbs of the other citizens. It is no good plea that no one was injured as a consequence of such unlawful act; as it is no mitigation of an offence that an accident does not take place.