SALE OF LIQUOR.

Waikato Times, Volume 116, Issue 19457, 22 December 1934, Page 9

SALE OF LIQUOR.

AN APPEAL ALLOWED. POLICE SER.GEANT SUCCEEDS. (By Telegraph.—Press Association.) PALMERSTON NORTH, Friday. Reserved judgment has been given oy Mr Justice Blair in a case in which PoJice-Sergeant Angland appealed against the decision of the Magistrate, Mr Stout. The Magistrate had dismissed charges against three Feilding residents of aiding David Prideaux Barrett; licensee of the Manchester Hotel at Feilding, in the commission of an offence, it being alleged that the licensee sold liquor on the premises at a time: when required to he closed. In. the■ course of the Judgment, in which the appeal is allowed, His Honour said respondents had admitted to the police having been on licensed premises procuring liquor. They were not, however, “found” on the premises and were not charged with a break of Section 194 of the Licensing Act. Appellant Angland claimed that a purchaser of liquor could be convicted of aiding a man who unlawfully sold it to him, this constituting a breach of Section 190 of the Licensing Act. Ih this case, however, respondents were charged under Section 54 of the Justices of the Peace Act.- The judge held that there could not be unlawful sale without a buyer to make the sale complete. The section made an aider liable to the same punishment as the principal. The judge remitted 'the case to. the Magistrate, with a direction to convict unless, after hearing respondents, he came to the conclusion that the facts, as varied or explained, did not constitute an aiding of sale. Appellant was allowed five guineas costs, each respondent to pay onethird. .