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THROUGH THE POST

AN ADVERTISING CIRCULAR

HELD TO BE "INDECENT."

Reserved judgment was delivered by Mr. E. Page, S.M., to-day, in the case in which David Kennedy Pritchard, of Lower Hutt, was charged with sending through the post a circular advertising certain prophylactics.

"I am of opinion that a conviction must be recorded," said the Magistrate. "The case resolves itself into the question whether the act of the defendant was of an immoral or mischievous tendency. The act of the defend? ant consisted of obtruding ,upon the notice of a large number of married women, whose ages, whose temperaments, and whose ideals on matters of this sort were unknown to him, a document containing certain details. I am unable to think that his action was likely to have an elevating effect. To some recipients, the circular would cause disgust, and in some cases it would, I think, tend to have an.injurious and even an immoral effect. Moreover, the circulars may get into hands other than those to which they were directed. I think that the defendant's action in relation to the document was, in the words of the Statute, "of an immoral of mischievous tendency,' and that, therefore, the document is an indecent document.

"Even though the defendant may have had no intention to insult or offend, and though his action in distributing his circulars may have beem dictated solely by a desire to build up a trade in the goods, that in law does not excuse him." Defendant was f-'od £10. On the application, of Mr. G. G Watson, security for 'appeal was fixed at £15-15s, plus the amount of the fine. At the hearing. Mr. P. S. K. Macassoy appeared for the prosecution. >

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/EP19260302.2.91

Bibliographic details

THROUGH THE POST, Evening Post, Volume CXI, Issue 52, 2 March 1926

Word Count
285

THROUGH THE POST Evening Post, Volume CXI, Issue 52, 2 March 1926

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