CONVICTIONS QUASHED
An appeal by Patrick Joseph, Ktlleher, licensee of the Post .Office' Hotel, and Douglas George Grant, barman, against conviction lor allowing beer *to be removed from the hotel after hours, was upheld by Mr. Justice Johnston, in a judgment given in the Supreme Court.
After reviewing the facts of the case, his Honour said he was forced to the conclusion that in considering whether the appellants allowed the removal of liquor from their premises the prosecution must at least show that it was an illegal removal, and to show that it was, they must offer some proof that the liquor was . purchased on the premises. "The accused," said his Honour, "has not got to show that it was not so purchased, and since suspicion and surmise are no more sufficient to establish an accused guilty of offences under the Licensing Act than they are to establish other penal offences —and in this case there is .no rule or presumption authorising departure from the ordinary rule—it appears to me that the case for the prosecution fails. The appeals are allowed and the convictions quashed."
Mr. J. O'Donovan appeared for the appellants and Mr. W. H. Cunningham for the Crown. " ,
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https://paperspast.natlib.govt.nz/newspapers/EP19421024.2.91
Bibliographic details
Evening Post, Volume CXXXIV, Issue 100, 24 October 1942, Page 8
Word Count
200CONVICTIONS QUASHED Evening Post, Volume CXXXIV, Issue 100, 24 October 1942, Page 8
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