POLICE APPEAL

Stratford Evening Post, Volume III, Issue 197, 9 November 1934, Page 5

POLICE APPEAL

! UNUSUAL "CASE'HEARD- .. -. . —_> i ECHO OF LICENSING | : ; ' CHARGE ,'■ '. I SUPREME COURT RESERVES j DECISION

j Palmerston N., November 8. | An unusual case was heard' in the j Supreme Court to-day before Mr. Justice j Blair, who reserved his decision. Police • Sergeant Angiand is appealing against jthe decisions, of. Mr. IJ. L. Stout, S.M., ! given at Feilding in August. . . . I Three men, Albert Edward Hosken, j Roy Gordon Hosken and John David j Farmer,, "were .charged with aiding the sale of, liquor after hours by the licensee ! of the Manchester Hotel, Feilding, D. P. {Barrett. ~ ~' 1 The magistrate in" .dismissing the I charges said the defendants admitted to j th« police being on licensed premises. j after hours and. procuring liquor, but' jthey were not found,on the premises by~ the police. The magistrate held that they ! could nqt be charged with a breach cf j the Licensing Act, contending that the ; Act was a special one containing a c.ode iof Hcehsing offences! The legislature, \ was not intended to make it an offence Ito purchase liquor after hours except ! in a breach of section 194 of the Act. i .Secondly; consideration of' the pehali ties showed that it could never have j.been intended to .ender purchasers liable jti tlv> per.al clauses of section 19U. Under j sect'on 194 the . maximum penalty was j £2, under 190 it was £2O. There could ; be no suggestion that the legislature in- ! tended such a penalty for one purchasing j drink after hours, who was not found by I the police on the premises and that a i person caught on premise? should only |bo liable to a £2 fine.. . . j 'Lastly, defendants we:e purchasers, not j sellers. It was straining the Justices of j the Peace Act to suggest that the pur- | chasers aided the seller to sell his goods.

K?NG COUNTRY CHARGE

! MAN CONVICTED AND FINED i j - TJaumarunuij November 8. ; Reginald Charles Sc.hl.are was charged |io the Taumarunui Police Court this morning before Mr. F. H. Levien, S.M.. with giving an order for liquor intended to be taken into an area proclaimed by the Government-in-Councii under section 272 of the Licensing Act. 1908, and failing to notify the person to whoni the order was given that the liquor was intended to be so taken, and ' with failing to give such person a statement in writing of his name and address. Schaare Was also charged with keeping liquor for sale at Waimiha en August-27. Sergeant 3: Cleary, Wanganui, prosecuted and said that when" Constable C. Poll, Cn'garuc, was. .earching Schaare'.s lorry for schi'vmissing overcoats he came across 43 large'bottles of ale' and five bottles of whisky. From inquiries made , by the. police it. was found that Schaare left his 'heme at Matamata and 'went' to Hamilton with a niotor-ldrry. . He purchased a case of] beef'-and whisky and "left with a friend.for,.the King Country, where lie spent 'several "days. It was alleged., that Schaare" offered' the liquor for sale to an'lndian at Waimiha. Schaare said his'journey'into the King Ccuntry was ifor the'-purpose" cf buying posts, and when he purchased the liquor at Hamilton he intended taking it to his home at Matamata. He denied'offering : or -selling any of the liquor and said he Svas not aware that he had "to notify I the': seller of the liquol' that he intended J taking it into the - King Country. | ■ Schaare was convicted" and fined £5 on the first charge and convicted and fined £l2 10s on the second charge." •'-. j'-'