USE OF WORD “SCAB”

Press, Volume LXXXVII, Issue 26605, 15 December 1951, Page 6

USE OF WORD “SCAB”

CHARGE UPHELD BY SUPREME COURT MAGISTRATE’S DECISION REVERSED (New Zealand Press Association) AUCKLAND. December 14. An appeal by the Crown against the dismissal by Mr W. C. Harley, S.M., at Whangarei of an information relating to the word “scab” was allowed by Mr Justice Stanton in a reserved judgment given in the Supreme Court to-day. The appeal was heard on December 6, when Mr G. S. R. Meredith appeared for the Crown and Mr Gerard for the respondent, Matthew Robinson. The information was that on May 12 Robinson, with intent to insult or annoy Kenneth George Plaisted, used an insulting word, “scab,” in ? public place, the public bar of the Whangarei Hotel. It was laid under Section 3 of the Police Offences Act.

The Magistrate held on the evidence that Robinson had not directly called Plaisted a “scab.” and that the statement was made by Robinson in the course of conversation, and- without any intention of insulting or annoying Plaisted. Mr Justice Stanton said that, under the section, it was an offence to use any insulting words in a public place. There was no requirement that the words must be used “with intent to insult or annoy,” as set out in the information, although no doubt if a person used insulting words he presumably meant to insult someone, and any person insulted might be expected to be annoyed.

There was no doubt Ahat the respondent used the word “scab,” and indicated that he was calling Plaisted one.

“I think that the use of the word ‘scab’ by the respondent was undoubtedly the use of an insulting word whatever may have been the Intention,” said Mr Justice Stanton. “It is unfortunate that the information should have been framed as it was—a fact which probably contributed to the result by suggesting that an intention to insult was a necessary ingredient of the offence; and perhaps some responsibility must be accepted by the prosecution for this inappropriate wording.” The appeal was allowed, but without costs, and his Honour ordered that the information be remitted to the Magistrate to record a conviction of the offence of using insulting words in a public place, and to impose such penalty as he thought proper.