SUCCESSFUL APPEAL.

New Zealand Herald, Volume LXV, Issue 19929, 24 April 1928, Page 14

SUCCESSFUL APPEAL.

MILK VENDOR PROSECUTED. CONVICTION PRESSED FOR. CASE REMITTED TO MAGISTRATE. A magisterial decision was successfully appealed against by the Health Department in tho Supreme Court yesterday. The case had reference to proceedings taken against William Herbert Andrews, milk vendor, of St. Heliers, for allegedly selling milk to which water had been added. The magistrate, Mr. W. R. McKean, had dismissed the information, and the appeal was made on a point of law.

It was submitted by Mr. Hubble, who appeared for the department, that, provided a sale contrary to the regulations were proved, the defendant was absolutely liable, unless he could establish to the satisfaction of the magistrate that he had taken all reasonable steps to ensure that the Act and regulations governing the sale of milk had been complied with. The magistrate had found that, in giving instructions to employees, the defendant could not have been said to have taken all reasonable steps, and, therefore, it was contended by Air. Hubble, a conviction must lie recorded.

Mr. Inder, who appeared for Andrews, contended tho magistrate had found, in effect, that all reasonable steps had been taken, and had given Andrews the benefit of the' doubt. Mr. Inder pointed out that a magistrate had discretion under a section in the Justices of the Peace Act to state a technical offence had been committed, but it was so trivial that no conviction should be recorded. Mr. Hubble: That must be expressly stated. The appeal was allowed bv Mr. Justice Blair, and the case will be remitted to the magistrate with a direction to enter a conviction urde.ss he considers the fact sufficient to warrant the exercise of discretion under the section of the Act referred to by counsel.