A CONVICTION QUASHED.

New Zealand Illustrated Sporting & Dramatic Review, Volume XVI, Issue 914, 12 September 1907, Page 22

A CONVICTION QUASHED.

Last Friday, in Dunedin at the Supreme Court, before Mr. Justice Williams, Mr. E. P. Lee submitted a motion for a decree nisi in quashing the conviction of John White, proprietor of the Queen’s Hotel, Oamaru, who was found guilty, in July, of selling liquor within a no-license district, and fined £5O and costs. On behalf of White, it was contended that the information did not disclose an offence, as the prosecution had not proved that no licenses were in force, and the magistrate had no evidence before him to show that at the time of the alleged offence no licenses had been issued. His Honor said the conviction as it stood was bad, because justification of the offence for which accused was convicted was essential. The offence was

admitted, and the only question was whether the Court had power to amend the conviction. If it had power, the conviction ought certainly to be amended. He was afraid, however, that the power to amend did not exist. The attention of the Legislature should be directed to th s thing, for it was most unfortunate that a conviction made by a magistrate should be set aside on a technicality, yet it must be set aside in this case, where there was a motion by rule nisi to quash.