Wizard has to pay costs

Press, 28 November 1980, Page 3

Wizard has to pay costs

“In this case the alchemy! of _ the law is more potent ii than the spells of the oci< icult,” Mr Justice Somers I: said in a reserved decision] given in the High Court. p His Honour dismissed an'l appeal by lan Brackenbury; Channel, also known as the,: Wizard, against a decision of| i a magistrate ordering him to': pay costs of $l5 after he i discharged Channel without i conviction under section 42 i: of the' Criminal Justice Act ; on a charge of trading in j the street without a licence, |< on December 20, 1977, con-j trary to a Christchurch City I Council by-law. h His Honour said that the' magistrate had found that, Channel had engaged in the; sale of a game called “Salvation Game” in Cathedral iSquare.yßefore he began sell-! ing Channel was told, by an < officer of the council that to do so would be a breach of, the by-law unless a licence, was obtained. . I

I Because the games were ito be sold at cost Channel idisagreed with that advice and said so. Shortly after | that exchange a sample of the game was displayed on a I board. i “Channel then addressed an assembled multitude, telljing the price of his wares, [acquainting it wit.i the opinion of the council officer, informing it that in his view i such an opinion was er- . roneous, explaining the game and entreating its purlchase. He then effected [sales,” said his Honour. 1 The sole issue before the I Court was whether the by- : law was without power or was unreasonable. I His Honour held that it i was. not. j