AN IMPORTANT DECISION.

Taranaki Daily News, 28 January 1916, Page 2

AN IMPORTANT DECISION.

.. ON AN UNUSUAL CHARGE. " By Telegraph.—Press Association. Auckland, Yesterday. In the Police Court, to-day, Mr. Fraser, S.M., gave reserved judgment in the test case of the liability of a man who yields to solicitation on the'street by a woman of ill-fame, The action •was taken under 'Section 53 of the Justices of the Peace Act, which makes any person who counsels, aids, abets, or procures commission of an offence is punishable summarily, and is equally liable with the chief offender. Mr. Fraser said that the English cases quoted by the police showed the section to be extraordinary wide, but they also showed that the section was a modern application of the principle of an accessory before the act. In typical soliciting cases the offence was completed immediately the woman spoke, and before the man could reply either favorably or otherwise. Consequently the offence was completed .before the man came into it, 'and the man could not be convicted as an accessory. The charge was dismissed. [On Tuesday, at, Auckland, a man was charged with assisting a woman by counselling and procuring in the commission of the offence of loitering and importuning. Sub-Inspector. ilcllveney, who quoted numerous authorities, contended that a. person who aided, abetted, and procured in the commission of such an offence must be treated as being guilty of the principal offence. The magistrate said that the law covered ev.-:i a very mild form of aiding and abetting. He must decide against accused on the facts, but he would consider the cases quoted. He reserved his decision until 'Thursday.!