SUCCESSFUL APPEAL

Auckland Star, Volume LIX, Issue 95, 23 April 1928, Page 9

SUCCESSFUL APPEAL

CHARGE AGAINST MILS VENDOR. CASE SENT BACK TO MAGISTRATE. An appeal against a decision by Mr. W. R. McKean, S.M., heard before Mr. Justice Blair in the Supreme Coiirt today, was successful on legal grounds.

The case was one in which the magistrate had dismissed a charge against William Herbert Andrews, milk vendor, of St. Helier's, of selling milk to which water had been added. Mr. V. N. Hubble appeared for the Health Department and Mr. E. W. lnder for Andrews.

Mr. Hubble said that provided the sale of milk below the legal standard was proved, the defendant was absolutely liable, unless it was established to the satisfaction of the magistrate that he had taken all reasonable steps to ensure that the Act and regulations covering the sale of milk had been complied with. Counsel submitted that the magistrate had found as a fact that the defendant, in giving instructions to his employees, had not taken all reasonable steps in accordance with the Act, and, therefore, that a conviction must be recorded.

Mr. Inder contended that the magisterial hearing showed that all reasonable precautions had been taken. Counsel also pointed out that the magistrate was empowered to exercise his discretion under the Justices of the Peace Act, under which a case of a trivial nature can be dealt with without the imposition of a penalty, provided that a conviction is recorded.

The appeal was allowed, and the case was-remitted to Mr. McKean, with a direction to enter a conviction unless he considered that the facts were such as to warrant him exercising his discretion under the Act.