"BEHIND THE BAR."

Auckland Star, Volume LXX, Issue 16, 20 January 1939, Page 9

"BEHIND THE BAR."

ONUS ON MAGISTRATE.

yI'BHTIOX OF YOL'Xd MAX'S AGE

Whether or not a young man who was supplied with liquor by the wife of the licensee of a city hotel on CVtilu'r 27 apjieared to bp under or over the age of 21 was the question Mr. K. H. Levien. S.M.. had to decide in the Police Court to-day. Both the licensee and Ills wife were I'luirgpd with supplying liquor to a youth Utidpr 21. .Mr. (1. I'. Finlay appeared for the defendants, who denied the charges. Sub-Inspector Fox said that on Oetober 27 Sergeant South Worth and :t constable saw the voting man in the hotel. He appeared to thpln to t:P under the age of 21. As a matter of fact his age was 20 year* and two months. The licensee's wife said .she took him to be at least '12. "If your Worship considers he i« apparently 21. that will dispose of tlie matter." Sub-Inspector Fox said to the magistrate, "However, to the sergeant and constable he appeared to lie tinder 21, The onus is completely thrown oil your Worship of deciding What his ag" i»." Mr. Finlay: I'nfortunatelv in th> case it puts your Worship behind the bar. (Laughter). Mr. Levien: It does. Welt, t think the Act ought to be amended. I think myself that the onu* should be on the person concerned. Jf the evidene® discloses a doubt In the mind of tne parties it should dispose of the matter. Mr. Finlay: How yotir Worship rati distinguish between a youth of 20 years and two tiKitiths and one who is ovtf 21, I don't know. "Well. I'll have ft look at lilm," said the magistrate. The youtig man in question was then brought into Court and for a inintlt'* or so ntood before Mr. Levien. After having it good look at him. Mr, L-vien said ite was afraid he could not say what his age would be and that he was left in some doubt. Mr. Kinkyi Then, sir, as tour Worship knows, we are entitled to the benefit of that doubt. Mr. Levien sttiiled as he diainiwed tlife charge against both defendants.