Was Bottle-Thrower In Public Or Private?

Northern Advocate, 19 December 1938, Page 3

Was Bottle-Thrower In Public Or Private?

Whether or not the entrance to a public hall was a “public place” was the point of law argued in the Magistrate’s Court this morning before Mr J. Morling, S.M. Mr D. L. Ross defended a young postal employee who was stated by the police to have thrown broken glass in a public place, namely Portland Hall. Constable C. Snow explained that 'he had been at the hall on the night of the Victory Ball. A few minutes before 1 a.m. he had seen defendant throw a beer bottle on to the concrete, where it broke. Defendant had later picked up the glass and thrown it away. Not Public Place. Mr Ross contended that, as the glass was not actually thrown on to the roadway, but in the entrance to the hall, the concrete did not amouVit to a “public place.” Mr Ross maintained that throwing the bottle to the concrete was not deliberate. Defendant had thrown it to a friend, who had not turned round to catch it.

“It was a silly sort of act,” commented the magistrate. “He apparently realised it was a silly thing to do. I am sure a caution will suffice.” The case was accordingly dismissed without the legal argument being heard further.