A CONVICTION QUASHED.

Hawera & Normanby Star, Volume LIII, Issue 9436, 7 September 1907, Page 8

A CONVICTION QUASHED.

DUNEDIN, September 6.

At the Supreme Court to-day, before Mr Justice Williams, Mr E. P. Lee submitted a motion for a decree nisi in quashing the conviction of John White, proprietor of the Queen's Hotel, Oariaru, found guilty in July of selling liquor within a no-license district, and fined £50 and costs. On behalf of White it was contended that the conviction did not disclose an offence, as the prosecution had not proved that no-license was in force, and the Magistrate had no evidence before him to show that at the time of the alleged offence no licenses had been issued.^ His Honor said the conviction as it stands is bad, because justification of offence for which accused was convicted is essential. The offence is admitted, and the only question is whether the "Court has power to amend

the conviction. If it has power, the conviction- ought certainly ; to be amended. I am afraid, however, that the pow_ejc to a?nen,d does not exist. The .attention of, 'the Legislature should b* ( directed to "this thing, for it is most unfortunate that a^ conviction made by ' a Magistrate "should be set aside on a 'technicality, yet it must be set aside >in this lease,' where there is a motion by rule nisi to quash,. >