CONVICTIONS NOT RECORDED

Dominion, Volume 31, Issue 296, 10 September 1938, Page 17

CONVICTIONS NOT RECORDED

Defendants To Give To Charity LIQUOR AT DINNER AFTER FOOTBALL MATCH By Telegraph—Press Assoelatluu NELSON, September 8. Holding that to record a conviction would be out of proportion to the offence, Mr. T. E. Maun.sell, S.M., to-day suggested to seven defendants that they might make a donation to charity. . The case arose out of a smoke concert held after the annual Public Service v. Banks football match, when the police visited a restaurant while the dinner was in progress. The committee which organised the dinner was charged that they did aid and abet, assist, counsel and procure the proprietor of the restaurant to commit an offence. The proprietor was charged that, at a time when licensed premises were required to be closed, he did permit liquor to be consumed in his restaurant by persons other than members of his own family dwelling on the premises or any of his servants. The magistrate said that in the case against the proprietor of the restaurant he merely made an order for payment of costs. The proprietor was in bona fide doubt. “I am satisfied that the committee did not know they were breaking the law and acted perfectly bona fide. They are members of the Public Service and bank clerks. To record a conviction against them would have certain repercussions which would be, from the point of view of severity, out of all proportion to the offence committed. l"think they would rather pay a substantial fine than have a conviction recorded against them.

“Having regard to the fact that they arc reputable citizens and that convictions would be unduly severe, seeing that they were acting bona fide, and contrary to what is usually done in breaches of the Licensing Act, I propose to exercise my discretion and refrain from recording a conviction. At the same time I don't condemn the action of the police in bringing the prosecution, and suggest that, as the restaurant proprietor had to pay 10/and those aiding and abetting usually pay half, that defendants make some contribution to a charitable institution.” The magistrate then asked counsel if he would undertake to see that each man made a donation of five shillings. Counsel agreed to this. “I don’t know what the bank officers would do about it,” concluded the magistrate. “Probably it would look more serious than it is. Liquor is being consumed at weddings. From time to time, I want to say, I have been present. Now that the position is generally known it may stop breaches of the law.”