UNUSUAL CASE
CHARGE DISMISSED APPLICATION TO HAVE IT REMITTED BACK DECISION BY MR JUSTICE ADAMS (Per United Press Association.) Christchurch, October 14. An application was heard to-day by Mr Justice Adams to have a licensing case remitted to the Magistrate’s Court. The Magistrate, Mr H. A. Young, dismissed a charge against Patrick Delargey, of the Empire Hotel, of selling liquor to persons not entitled to be supplied. The application to-day was that (he case should be remitted to the Magistrate to hear a charge against Delargey of aiding and abetting. The application was in the nature of an appeal against the Magistrate’s decision. His Honour said that it was alleged that the offence was committed on June 18 last. If the defendant, was now charged under the information issued, it would be too late. It would be improper to refer a case buck to the Magistrate with a view to the charge being made under another section of the Licensing Act. The power of the Court to refer a matter back under section 296 should not be exercised in any case in which the effect would be to put the person charged in a worse position than he would have been, but for reference. The application would be dismissed.
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https://paperspast.natlib.govt.nz/newspapers/ST19261015.2.85
Bibliographic details
Southland Times, Issue 20001, 15 October 1926, Page 8
Word Count
209UNUSUAL CASE Southland Times, Issue 20001, 15 October 1926, Page 8
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