MILK AND WATER

New Zealand Times, Volume LII, Issue 12200, 27 July 1925, Page 6

MILK AND WATER

RQMAIN’S CONVICTION APPEA AGAINST SENTENCE.

, When Gordon St, Remain was sen-' kt?™ w ® ont h’s imprisonment by My F. K. Hunt) 8.M., at' the Magistrate s .Court on IViday, on a charge of selling milk with an added uercrnitage of water, his counsel, Mr Q. Toogood, notified, his intention to appeal. This appeal he lodged on Saturday morning and it lead as follows:—(1) That the conviction was against the evidence, and against the weight of evidence,; (8). that no’ evidenoe. . was given on behalf of the informant at “ eari PK to support a conviction; (q) that it, waa not proved that the milk .was sold for human consumption : (4) that, even if it were proved that the muk was sold for human consumption, the offence with which the defendant was charged was not . committed wilfully; ,3) .that the defends ant, did not sell food within the meaning of the. “Sale of Foods and Drugs Act, 1908’’* (6) that even if it were proved that the defendant sold food, the food sold was not milk to which water had been added, hut water to which milk had been added; (7) that the learned magistrate was wrong withholding decision as to penalty until aftey the other information 1 had been beard; <8) that the penalty was imposed on Duffy’s evidenoe, ..quite in entirely separate and distinct informations against other defendants; (9) that the conviotion is had, and bad in law.

The magistrate extended the sentence from one month to five ’keeks in order, to make it appealable and fixed security at £4O. As soon as the appeal is lodged the sentence is automatically suspended. l :