BOROUGH BY-LAWS.

Poverty Bay Herald, Volume XLVII, Issue 15270, 19 July 1920, Page 4

BOROUGH BY-LAWS.

"THE PATH OF DUTY." POLICE ACTIVITIES AND MAGISTRATE'S STATEMENT. Those present at the Magistrate's Court this morning were treated to an exceptionally lucid statement by Mr J. S. Barton, S.M., of the case against the offender under the Borough by-laws. The incident arose out of the wording of a charge against a young man, the proceedings Jjeing based on the fact that he was seen (o ride j# bicycle without a light m a public highway, after the hour of sunset. His Worship remarked that he took it that the police were observing the state of tho light rather than the hour. Sub-Inspector Cassells stated that that was so. The police were endeavoring to maintain the pressure, though all fairness was being employed. They were between the devil and the deep sea, In; said, complaints of inactivity on their part having been received by him from more than one 60iirce, and yet they did not -wish .to unduly persecute cyclists. In-/conclusion, His Worship paid a tribute to the fair play practised by tho police, who never failed to mention any mitigating circumstances. ' "In my opinion," remarked fc His Worship, ">he police need take no notice of either the devil Or the deep 6ea. Their duty lies along a broa*d 'highway which, m my opinion, is well lighted by' the following principles. They are the principles this Court follows m dealing with by-law cases: — (1) A by-law offence, as a general rule, is not of % such gravity as a statutory offence! It generally deals with non-moral -acts, and calls for a reasonable observance only. The police use a reasonable . discretion m giving' warnings and m deciding when to prosecute. The "Court uses a reasonable discretion m viewing offences as nominal or m fixing a penalty. (2) A by-law offence becomes more like a crime when the act prohibited _contains an element of danger to the public; or a disregard of public welfare, e.g., misuse of water m a dry season.' (3) It is aggravated by an element of negligence as distinguished from inadvertence. (4) It is further aggravated by an element of wilfulness. (5) It is aggra'Wted further by an element ; of defiance, shown by a repetition of tho offence by one offender or by neglect of. warnings. (6) Defiance is a greater aggravation than wilfulness, and either is greater than negligence. In other words, the law distinguishes between those who stumble over it. and those who kick it., (7) A by-law offence may be aggravated by the status of the off ender- if by his! position he owes to the community a special duty of respect to the law. (8) In mitigation of offences the police and tho Court should consider mere inadver- 1 tence, mishap, stress of circumstances, youth, and, m reduction of penalty, poor j financial standing. A £1 fine may be more severe on one than a £10 fine on i another. (9) The mitigating circumstances above described lofee weight and deserve less consideration when the authorities are— after due- notice and warning—carrying out a campaign designed to raise the standard of conduct m certain , matters. I think no reasonable mind could question these principles, and, they indicate the path of duty for tho police and the Court," :