LICENSEE’S APPEAL

Grey River Argus, 15 August 1934, Page 5

LICENSEE’S APPEAL

On Magistrate’s Alteration of a Decision fppr Press Association.) ENVER CARGILL, August 14. Tn the Supreme Court. Janie- Newsham West, licensee of Brown’s Hotel, proceeded on a motion for a writ of certiorari, alleging Magistrate Lewy exceeded his jurisdiction when he ordered the cancellation or forfeiture of the license, and after having signed the record book, had deleted the cancellation and inserted what purported to be an amendment ordering an endorsement of the license.

Judg e Kennedy said it was admitted that the cancellation must be deleted, leaving the conviction standing with a fine of £l5. THe Magistrate after entering a conviction subsequently altered the record, adding in place of cancellation, a direction that the license be endorsed. His subsequent alteration amounted to a fresh substantiative adjudication and went further than the mere correction of an omission or mistake. That part of the conviction, which directed the license to be cancelled or forefcited and of the amended conviction which directs a record of the conviction be endorsed upon the license, was quashed THREE YEAR SENTENCE. FOR RECEIVING STOLEN KEY. NEW PLYMOUTH, August 14. Sentence of three years’ imprisonment concurrently with a term of five years now being served, was imposed on James Patrick Burke, by Mr Justice Blair to-day, for “receiving” a stolen safe key. A verdict of not guilty was returned on three charges of breaking, entering and theft of £l4; attempting breaking and entering; and theft of the key. Burke was arrested for drunkenness at Blenheim, and the key and some explosives were Found in his bag. Burke has had eighteen previous convictions.