NELSON TOTALISATOR CASE.

Press, Volume L, Issue 14917, 16 March 1914, Page 9

NELSON TOTALISATOR CASE.

TEE FULL JUDGMEIsT. (SPECIAL TO "THK FRESS.") NELSON, March 14. Mr J- S. Evans, S.SI., this morning delivered judgment in the cae© in which Harry D. James, totaiisator proprietor for tho Nelson Trotting Club, was charged with unlawfully registering on the totolisator on the Brightwater Handicap the cum of about £15, received for investment in this race, after the time uotuied, viz., 4.10 p.m. approximately. The judgment is as follow*: — The defendant is charged that contrary to section 32 of Tho Gaming Act, 1908, at Richmond Park, being the agent of the Nelson Trotting Club, he did, m »uca agent, uniawrul.y wgw"* on thc toUlisator then uetd, niter the time notuied, vaz., approximately 4.10 p.m., by the -Season 'xronmt Uuo lor tne starting ot a xaoe, v 1 3.. tut. LngUiwuter JtUxKUeap, certain moneys, yu., iuwen polices, received lor investment, lee met* *re tnai, Uμ. dei*nci*Bt is the owu-ar ot a tobalisavor maciiino wiucn no works lor u>« *«•** IrotUBS Liub wr a ooinmuaua on tni! takings-. ±Ie was so employed t>y the UUD on mo aat« charged, 'ine ciuo issued urugiarumte o: tne rac*«, in wfcicn the eurvlag time of tne races are given approximately on*y iJacre ie attached to the ouuude ot tho machine an ordinary clock with a movable red hand, which, is used to mtUoftto tt» starting time of tno race, and also the closing time ct the totalisator. Attached to tno red Jiaiid is a mecnanical contrivance tor ringing * bell. „ 'i'his is fixed co aa to ring the bell for five minutes hoiore the time at which the red hand is &et. When the time ior starting' tho race i» fixed approximately, only tne red hand is iixcU for Uic time mentioned, and if th« time is extended by tho stewards, the red hand ie moved on accordingly. There is nothing in the Act to make it obligatory on the Club to ii t time for etariing a Tac-e. The Club, howovor, in this case did fix a time by ita progxamave, and the time so fixed v:aa inaicated to the public by the red hand cm the- clock. They la:er extended the time sv« minutae, and tho extended tim« wae likewise indicated by the defendant himself. By th« red hand underneath the deck is * notice that the red hand indicates the time the totaiisator. will do»e. It appears, bowev«r, that the defendant, ia fixing tho red hand, fixed it three minutee earlier than to* ti»e fixed by- the Chib for the etartjng of the race. Tc« president wae under the impression that the red hard •bowed the hour fixed for starting the race, that is, that the red hand wai Ixed at the starting tinre. The section cxears three of. Receiving any moucy for investment aft«r the time notified for the etarting of the race. (2) Registering on th« totii!isateT any mon«y after the time notified for the starting of the race. (3) Including in the dividend any money registered en th* totaiisator contrary to the above pro« viaiona. 'Ihe d-e t c renin in g feature is the "time noti. fied for the etartin? of the race." The defendant's rule is to have the red hand fixed

three minutes before the time fised for the itarting of the raw, so that after the fivs minutes be'! ric?» on the mcch.inical con- i trivar.ee on the cJcclc, he wiil have three minutes to ro-srirtcr aii ta;Ei'v* rocc:vod lor investment, 'ihe stewaids notify the person . in chnrjre of th* total.sator o: *ny fuiutsc • in the time fixed for She race. The defendant, after his live luinuttM , vrarrarg belt h_a3 gone, eontinvies to receive rconcy and r<^> s - ter it, or to money unt:! ho hears the etarter'e belt Tlie race i:i qucsSion. in tlm case, was a handicap trot, ar.d the j sorter's beJl did not rins until tiic l»ev horse started, which mutt have ';L>-n at iea;t 20 auconds after the race itarJwi. berAuse the limit boric had '.JO s«?o!«dj etart On the evidence for the prescrattan. which in not c.->ctradiCtpd, the de.'oatinr.t contii:u<d to register mor.ey nn the a:arhir.i» until the lirrjt ht-rfe reached tho t'.vo furlongs' pole, wh:ch i≤ calculated to have ts'u-n 4') Kcconds at least, lhst ie about •! miaul.-3 after the time indicated by tiie red har.d. eisd about one mir.uie v.cariy after tbo '.mc fixed frr the starting c( tlie There id no do. 1 ;- ---nition in tho Ac; ?.<s to what "nctiucd by the club" me;iKs. It may ir.c£:i notified to the public. In thie cas» it was understood by the c!ub to be the time cotiScd by tho red hand on tbo clock, or it rjsy mean notified to the pori»or. in charge nf ;h.o t<»talisator. or other the persons liable to th 3 ponaltios under the Act. Is: ivy opinica notitication to the defendant of the time. or extended time, for starting a race, would be & notification within tho luo.xniiig of tho Eoction. It is, in my opinion, immaterial whether the hortos cet away at the fired t:me or not. Th? defendant must cc:isi" operatir.? the tot.ilisatc.r at thi» time untificj to him by t!ie club as the time for starting the race. He r.<;t, in my opirion, entit'eJ to continue re?is'.'.-r: invcetmciits, whether received or net before the tim? of tho totalisator, -until he hears tho starter's bcli. I ac of opinion that in a handicap trot th* raco starts when tho limit horse poc?, end not when tbo scratch hor s o str.rls :n any even!. The defendant is not entitled, us th-? law itar.ds fo operate the machine until ho hears the bell. Hβ must ccas? all operations at the ' timo notified for the Martinjr of tho race. In this caso, I am satisfied that tho defendant was notiucd that the raco in question would start at 4.Tj p.m., and he continued to register en tho for nt least forty seconds after that ti:r,c. after tho time tho race had actually started. If, however, "the time notified" meor.e the time notified to the public, Uicn that in tho present ca.se was 1.12 p.m. by the red hand on th-3 clock. In either event, he committed an offence under the section I quito exonerate the defendant from any moral turpitude in the matter. Ho was merely following tho ordinary practice in common with this inattor. Hens iea, in the technical is not necessary in a case of thin kind. The set is not "criminal" in Iho ordinary cense. It is an act forbidden in the public interest in a etatuto which imposes very positive restrictions on the carrying on ci gaming transactions, and the jirohibition i<; absolute. It comes, in my opinion, within the cla£e of cases in which incus roa is not nereesary. The defendant has dono tho forbidden act, and he is liable for the penuliy imposed by tho section. Ho knew wiiat ,h.j vva3 doing. Ho k"e-.v the time fixed and notified to him. He hnd his watch in front of him, and ho ought to have known he w:>a acting in contravention of tho section. Thi3 would bo sufficient evidence of mens rea if that wero necessary. of £15 was not such a rush <A business as to have prevented him from watching tho limits placed on him by the section, and he must be convicted of a breach of the Act. Defendant will bo convicted and fined 203 and ordered to pay 11s Court orsts. The Magistrate edded that lie regarded tho case as a tc;t case, and exonerated defendant from any wilful intent to commit a breach of tho Act.