SELLING WATERED MILK

Sun (Auckland), Volume II, Issue 337, 24 April 1928, Page 9

SELLING WATERED MILK

CONVICTION ORDERED DIRECTION TO S.M Of interest to the public generally and milk vendors in particular was the decision of Mr. Justice Blair, given in the Supreme Court yesterday, on an appeal from the decision of Mr. W. R. McKean, S.M. The magistrate had dismissed an information against William Herbert Andrew's, milk vendor, of St. Heliers Bay, who had been charged with selling watered milk. Mr. V. N. Hubble appeared for the department, and Mr. E. Inder for Andrews. It Avas pointed out by Mr. Hubble that, provided the sale of milk was contrary to regulations, and was proved to be so, the defendant was absolutely liable unless he could establish to the satisfaction of the magistrate that lie had taken all reasonable steps to ensure that the Act and regulations governing the sale of milk had been complied with. Counsel stated that the magistrate had found, as a fact, that in g i\ T ing instructions to his employees the defendant had not taken all reasonable precautions, and in that case, counsel contended that a conviction should have been recorded. Mr. Inder said the magistrate, had, in effect, found that reasonable steps had been taken, and he had given the defendant the benefit of the doubt. He also contended that the magistrate could have exercised his discretion under the Justices of the Peace Act., by dismissing the information as trivial Mr. Hubble pointed out that if the magistrate adopted this course, he must state expressly that he was acting under that particular section of the His Honour allowed the appeal, and remitted the case back to Mr. McKean with directions to enter a conviction unless he chose to take advantage of the particular section.