CHEMIST FINED FOR SELLING WINE

Dominion, Volume 11, Issue 287, 23 August 1918, Page 4

CHEMIST FINED FOR SELLING WINE

PREVIOUS JUDGMENT OVER-RULED. At. the Chrifitchurch Magistrate's Court on Tuesday Mr. S. K. M'Carthy, S.M., delivered reserved judgment in Iho case in which Arthur White-Pa rssns, a chemist, carrying on business in Lyttelton, was charged that on Juno 2S, 1018, ho sold liquor, namely, Molendo wine, to E. A. Irwin, without, being dulylicensed to do so, contrary to iho Licensing Act, 180 S. Defendant, said Ilia Magistrate, claimed the benefit of tho exemption set out in paragraph (6) of Section 3 of the principal Licensing Act as amended by Section U of tho amending Act. of 1910, which provided that a, chemist might sell spirituous liquors for medicinal purposes. It could not reasonably bo found that defendant sold tlio wine for medicinal purposes. The prosecution contended that, no finding of a sale for medicinal purposes could ho justified unless tlio wine had been prescribed by a doctor. In another part of the principal Act. there was contained, no Buch limitation. There was no such limitation in Section! 1, and it was well, known that registered chemists did prescribe for patients without the intervention of a doctor, charging merely for medicine supplied. If it had been the intention of the Legislature to prohibit this practice it would have expressly eafid so. However, a ohomiet, must raalto such inquiries when selling alcohol for medicinal purposes as would satisfy any reasonable person that it was not lo be used for any other purpose. After reviewing the provisions of the Act at some length the Magistrate said-that In his opinion a chemist could only claim exemption when he sold alcohol for medicinal purpose.?. De'fendant had not discharged the onus of m'oving that ho sold the wine for medicinal purposes, and a conviction must follow. However, ns the defendant might have been misled by some remarks made bv Mr. Barton, S.M.. in Hutton v. Gun (VII Magistrate ;> Court Imports 83). and as he acled bona fide, the ends of justice would be served by inflicting a nominal nenoltT. Defendant would be convicted and fined Is. There would be no order as'to costs.