DOES IT EXCUSE ?

Dominion, Volume 4, Issue 1210, 19 August 1911, Page 6

DOES IT EXCUSE ?

INSOBrUETY-A COUBT CASE. An interesting question arose in the Magistrate's Court yesterday morning. Two men were charged with using "language" on a ferry steamer. 3lr. Jackson, who appeared lor them, said Hint both had been very dnuik at (lie lime of tho offence, and had not known what they had been doing. "If a ninn does a thins: "hen he is very drunk," said Mr. Jackson, "he does not know what lie is doing, and if lit' does not know what he is doing, it is reasonable to presume. I hat he lias no intention, of doing wrong. In (lie Supreme Court recently the Chief Justice directed tho jury that if there was an .■ib.'.cncc of intention of committing a crime '.here w.-.s no offence. lie said that it was a pity that the code was not in line with the old common law, so that cases of this kind could be dealt with. Tho jury returned a verdict of not guilty, and Ins Honour said: 'I i.groo. J am satisfied that accused was sntl'viiig from a drinking bout, and that he cfid not mean anyMr.'.Taekson admitted that the language allcrd was very bad. but submitted I hat the"circumstances should be Liken into consideration in mitigation ot punish'"]"is Worship: "Tho difference lx-twcon that c.t=o and this i< ihat. in (lip Supi-emo. Court case the defendant t)lcad«l not. miiltv. ami was found not guilty, and hei-e the defendants havo nl-.-.'ided guilty, l'r.s'cn"ors hnve to Iμ- prelected agamrt (his kind of thing. Drunkenness is no excuse." Fines of £:> vforo made.