APPEAL CASE.

Hawera & Normanby Star, Volume XLII, Issue XLII, 8 September 1922, Page 5

APPEAL CASE.

STKICTUBES_BY JUDGE. In the course of his judgment in the appea of Frederick Locked licence J trie Waitara Hotel, against his conviction for alleged breaches of the licensing laws, His Honor Mr Justice Chapman made, some adverse strictures concerning the procedure adopted in consaid- nS aPPellant- Tee Judgment "The Magistrate convicted the appellant, lo my mind an inconvenient and embarrassing course was followed Instead ot witnesses being called at the nearmg a statement of facts was agreed upon by the sergeant who prosecuted and the solicitor for the defence That this is, to say the least, an inconvenient precedure in a criminal case, is made manifest when it is found that the Magistrate has gone beyond this statement of facts, at least when dealing With one of the offences. It is further to be observed that unless the regular course is followed, section 70 of the Justices of the Peace Act, 1908, cannot be complied with, while sections 73 82 and other sections contemplate hearing rp[-witnesses wiien tue ca£ e defended. This case, as will be seen, was essentially one in which witnesses who were available should have been called. A case on, appeal should either state the - - evidence called in order that the Court may judge whether, viewed in the most fovourab'e light, it supports the decision, or it should embody a statement hy t\ Magistrate of the'facts as found by km--such finding being based upon the evidence he has heard. This, no doubt, may be supplemented by definite -~"i admissions' freely and ext)licity mad& and the argument and judgment should .. be restricted to the matters thus definitely brought before the Court appealed -from.";-