QUESTION OF LAW

New Zealand Herald, Volume LXXVII, Issue 23809, 9 November 1940, Page 7

QUESTION OF LAW

OIL FUEL REGULATIONS CASE AGAINST COMPANY FAILS [BY TKT.KG liAl'lt —OWN CORRESPONDENT] WELLINGTON, Friday A judgment that might have a widespread effect oh the prosecution of companies for breaches of the Supply Control Emergency Regulations in relation to oil fuel has been delivered by Mr. J. L. Stout, S.M., in the Magistrate's Court. The caso was one in which Fitzgerald Brothers, Limited, wero charged that, with intent to deceive, they made a false statement in a communication with the Oil Fuel Controller. Jt was alleged that the company made in the vendors' issue schedule forwarded to the controller a false entry that the owner of a consumers' licence had purchased eight - gallons of fuel, whereas he had purchased only four. "in my opinion the words used make 'incus rea' an essential ingredient of the offence charged," said the magistrate, discussing the wording and scope of the regulations. "The definition of 'person' in' the regulations is similar to that in the Acts Interpretation Act, and includes a company unless inconsistent with the context. The law, however, in my opinion, is clear tliat in spite of such a definition a company cannot be convicted of an offence. in which 'mens rea' is an essential ingredient unless it is so expressed in the enactment defining the offence. • '"ln my opinion there is nothing in the present regulations which make them an exception to the recognised rule of law I have already noted, and the information must therefore be dismissed."