LICENSING APPEALS

Hokitika Guardian, 12 October 1929, Page 5

LICENSING APPEALS

• (By- Telegraph— Frees Association). ■ ‘ WELLINGTON, October 10. |ln the appeal case, Peterson v. Paape, heard on July 9, the judgment of the Full Court was delivered by <k»ef .Justice Myers, dismissing the 1 appeal witE cost, '£lo. The Court stated; The Magistrate found respondent accepted,-'Breen’s orders at respondents at..l3unedin, if that is, so, ; there was a Complete executory contract. We think Currie’s admission 1 is, properly made, apd bofh he and the s Court are bound Hy the. Magistrate's finding. The conclusion at whjch we arrive is that in view of the Magistrate’s finding that a complete executory contract of sale was made, respondent’s licensed ppenvises at Dunedin, his' dismissal of ther information was right, and must be affirmed. THREE CONVICTIONS OR ONE? In the appeal case, Smiih v. HukBon, as to whether.three separate informations .on the one set of facts justified three separate , convictions, the appeal against the Magistrate’s decision (in-the negative) was upheld, with. £9 9s cosls. The Chief Justice said ; The practice has always been in cases of this kind to "lay informations for all acts complained of if they are thought .to constitute separate offences but Only to ask for one conviction, in respect of what may he called the culminating dr final acfc, and to abandon the informations for other acts or offences. For that reason I have approached the consideration of this with the frank desire of upholding •the Magistrate’s decision if possible. After careful consideration; however, I find myself unable to. do so. In the present rase, to my mind, opening or keeping open for sale of liquor, and actual sale are all separate and, distinct acts. I apprehend, however, from what was said at the Bar, that the present appeal was brought simply to determine the question of law. It was said by counsel for the appellant, it was no* what he called a bad case and it is competent by the police if they think proper now,* that they have established their point of law to abandon the proceedings on the remaining informations.

Justice Ostler also said that though he had no doubt the respondent could in this case, if the evidence warranted it. be found guilty of three separate offences, yet in such case, where they are all in respect of one sale, it has fiot been usual for the police to press for more than one conviction.

Justices Herdman,, Adams and McGregor concurred.