"Tatt’s” Ticket

Manawatu Times, Volume 60, Issue 163, 13 July 1935, Page 5

" Tatt’s” Ticket

Dunedin Conviction Quashed by Full Court

TOBACCONIST NOT AGENT OF PROMOTERS

Per Press Association. WELLINGTON, Last Night,

By a majority decision of tlirco to two tho Full Court to-day quashed a conviction entered by Air 11. W. Bundle, S.AI., against Vivian Simeon Jacobs, a tobacconist, of Dunedin, on a charge of selling a ticket in Tattersall’s sweep to a police constable. The Chief Justice (Sir Alicliacl Atyers), Mr Justice Herdman and Air Justice Blair were of the opinion that Jacobs’ appeal should be allowed, but (ho other members of the Court, Air Justice Smith and Air Justice Kennedy, dissented.

la a joint judgment Sir Michael Myers and Air Justice Blair came to tlio conclusion that the Alagistrate was wrong in amending tho information and convicting Jacobs of selling a ticket, for, in their opinion, appellant did not sell tickets, but merely remitted the money to Tasmania on behalf of patrons. Jacobs was not the agent of the promoters of the sweepstake, but the agent of the person in New Zealand on whose behalf he remitted the money. The fact that he received prizes on two different occasions did not constitute him the agent of the promoters. On the other hand, tho Alagistrato was right in the view ho took that appellant could not be convicted under paragraph 41 (C) of assisting or canvassing for subscribers to or receiving any money for tickets in a lottery, for that section referred only to lotteries promoted in New Zealand.

In a separate judgment Air Justice Herdman concurred with the conclusions arrived at by Sir Alicliacl Myers. Air Justice Kennedy and Air Justice Smith, in dissenting judgments, held that section 41 (0) did not apply only to lotteries promoted in New Zealand and, in their opinion, appellant could bo convicted under that section.

The appeal was accordingly allowed.