Crown Wins Appeal Over Liquor Analysis

Chronicle (Levin), 3 September 1949, Page 2

Crown Wins Appeal Over Liquor Analysis

NAPIER, Sept. 2. An. appeal by tlie Crown against the deeision of the 'magistrate who dismissed a charge against a Dannevirke hotei licensee, Mrs Kathleen Brabert, of seliing liquor after hours on the ground that the liquor had not been analysed was uplield by the Chief Justice in ttn Supreme Court today. Mr L. W. Wiili' for the Crown' said it had been pr#ved in the Magisfcrate's Court that defend -&nt sold gin to two men in the kotel bar after hours. The Magistrate dismissed the aetion because he .held that reference to the necessity for analysis to prove that the liquor contained at least three jjer eent proof spirit applied to the wliole grpup of liquors mentioned in the appropriate section of the Licensing Act and not to the phrase "or other fermented, distilled or spirituous liquors.' The Crown claimed that if the liquors speeifically mentioned were sold theu the licensee committed an oll'ence whiK if the unspeeified liquors were given ro customers then an analysis would lm necessary to prove they were eapable of intoxication. Gin, the spirit deaii with in this case, was recognised as u spirit containing well over three per cent proof spirit. Mr P. Dorrington (Dannevirke) for respondent said the question before the Court was whether or not the word "or" in the Act linked the list of liquors named with the unclassiiied grouji as requiring analysis to prove spirii content. The Chief Justice said there no doubt at all about the meaning of the section of the Act. He considered it was clear that an analysis was only required in cases where liquor which was not specifieally mentioned had been sold. He granted the apxreal and referred the matter back to the Magistrate with a direction that a conviction be entered and the appropriate penaity imposed.