What is Intoxication.

Manawatu Herald, 5 June 1900, Page 3

What is Intoxication.

— ♦ A JUDICIAL DEFINITION. • In the Supreme Court on "rtf.v. the Chief Justioe gave i- lament in the case 1 rown, appellant, and Bowden)" respondent, nn appeal on fact aud law from the Magistrate sitting at Pahiatua, by Thomas Brown, a licensed publican, who was convicted of selling liquor to a man named Farrelly while the latter was in a state of intoxication. In delivering judgment His Honour said the question was the meaning of the words, "already in a state of intoxication," in section 14G cf the Licensing Act, 1881. On this-ques-tion His Honor said : "In my opinion they mean that state in which through intoxicating liquor a person ha<: lost th© normal control o£ his bodily and mental faculties, for in my opinion, in a state of intoxication, both are more or less Effected. It is no doubt a difficult matter to draw the line so as to determine when a man ceases to be sober and becomes intoxicated. It ever is difficult to distinguish between states Wbich come on gradually. The decision in such a case as this must rest on the evidence of impartial men of common sense who were themselves sober. I do_not think the words ' drunk and incapable ' are an exact equivalent of 'in a state of intoxication.' It seems to me that these words signify some degree less than absolute incapacity from drunkenness. It is in fact assumed that this person < already in a state of intoxication ' is capable of asking for more drink, and, apparently, capable of paying for it, for it cannot be assumed tlmt a man who is thoroughly- drank could either ask for of pay for drink. The state pointed out by.; the statute is therefd*©,C in &y, (minion, a degree less thrtin abSSlttte drunkenness, and 'that is, I think, apparent from tbe use of tbe Tyte_ls in the section, and the fact that the word 'drunkenness,' though used in another part of the section, is differentiated froni ' a state of intoxication.' I agree, therefore, with Mr Bell, that the words have been inserted to show that a less degree of drunkenness is required thaiiT what : is mentioned under for example, the Police Offences Act, 1884, section 19 of which simply speaks of a person simply found drunk." , On the evidence, his Honor said he did nfct see how the conviction could stand.