A DELICATE POINT

Otago Daily Times, Issue 23082, 7 January 1937, Page 13

A DELICATE POINT

DRUNKEN MAN’S ACT INTENTIONAL OR OTHERWISE? The point whether a man who is drunk can be held guilty of committing an act which is directly due to his drunkenness was discussed in the City Police: Court yesterday when William Ernest Wright pleaded not guilty to a charge of wilfully breaking a plate glass window valued .'at £ 20 in the premises of Messrs A. and W. M'Carthy in Castle street. Wright pleaded guilty to a further charge of drunkenness. The magistrate, Mr H. W. Bundle, adjourned the case until January 15, and stated that if the defendant had not then come to any arrangement with the owner of the window, a decision would be given. Senior Sergeant Packer said that about 7 p.rn. on Christmas Eve the defendant, who was drunk, was walking along Castle, street, and when he was alongside Messrs M'Carthy’s premises he staggered into a window and broke it. The window, which was valued at £2O, was not insured. He did not think the defendant was able to pay the cost of the damage civilly. The senior sergeant referred the magistrate to the case of Rex v. Beard, where it had been held that drunkenness was not an excuse for an act committed while a man was drunk. It was a question for the court to decide whether business people who had windows right on the street should put up shutters for their protection, as there would always be drunken persons going about. Evidence was given by Constable Preston, who said that shortly after he had boarded a tram at the foot of Stuart street on Christmas Eve, he heard a crash, and on going back, found Mr Rigby, the owner of a shop at the corner, holding the defendant. Rigby told him that the defendant had fallen through his window. The defendant w,as fairly - drunk. - “I could not have been so very drunk,” said the defendant, “ because one of the sergeants was willing to let me out on bail an hour after I was taken to the Police Station.” , . i-’. ' . ?■* '■ The magistrate: But what about the window? # The defendant: That was 1 a pure > accident. I slipped.. and went through. ,■■ 1 In evidence, .the defendant said he had had a few drinks, and when he was passing the window he slipped and his shoulder went through it. Senior Sergeant Packer: You have not shown the court you were so drunk that you did not know what you were doing. The defendant: I knew exactly what happened. “I will adjourn the case until January 15,” said the magistrate. “ In the meantime you must see the owner of the shop, and if you can come to some arrangement with him the charge may not be proceeded with. If no arrangement is made I shall decide whether or not a conviction should be entered.”