APPEAL ALLOWED

Press, Volume LXX, Issue 21354, 22 December 1934, Page 11

APPEAL ALLOWED

♦_ — SALE OF LIQUOR AFTER HOURS (PRXSS ASSOCIATION TELEOSAM.) PALMERSTON NORTH, Dec. 21. Reserved judgment has been given by Mr Justice Blair in the case in which Sergeant W. Angland appealed against the decision of the Magistrate (Mr J. L. Stout). The Magistrate had dismissed charges against three Feilding residents of aiding David Prideaux Barrett, licensee of. the Manchester Hotel, Feilding, in the commission of an offence, it being alleged that the licensee sold liqour on the premises at a time when the premises were required to be closed. In his judgment, in which the appeal was allowed, his Honour said the respondents had admitted to the police having been on licensed premises procuring liquor. They were not, however, "found" on the premises, and were not charged with a breach of section 194 of the Licensing Act. The appellant. Sergeant Angland, claimed that a purchaser of liquor could be convicted of aiding the man who unlawfully sold it to him, this constituting a breach of section 190 of the Licensing Act. In this case, however, the respondents were charged under section 54 of the Justices of the Peace Act. His Honour held that there could not be an unlawful sale without a buyer to make the sale complete. The section made the aider liable to the same punishment as the principal. He remitted the case to the Magistrate, with a direction to convict unless after hearing the respondents he came to the conclusion that the facts, as varied or explained, did not constitute an aiding of the sale. The appellant was allowed five guineas costs, each respondent to pay one-third.