OKAIAWA HOTEL CASES.

Taranaki Daily News, 29 March 1919, Page 6

OKAIAWA HOTEL CASES.

KESERVED JUDGMENT DELIVERED. Judgment has been given by his Hon. Mr. Justice Chapman, in the appeal cases heard at the last Supreme Uourt sitting in New Plymouth, Patrick Dudley v. Eugene Joyce (respondent) against the decision of Mr. YVyvern Wilson, S.M., in dismissing the informations brought against respondent.

The cases arose in consequence of four young men under the age of 21 years visiting the Okaiawa Hotel between 8 and 9 o'clock p.m. on August 27 last. The young men went to the bar of the hotel, which was dimly lighted, were supplied with four "rounds" of drinks by defendant's son, without the knowledge of his father, who immediately he discovered them in the premises ordered them out. Informations were laid against the son of the licensee and the licensee himself for supplying men apparently under the age of 21 years with intoxicating liquors. These informations were dismissed under Section 92 of the Justices of the Peace Act, and it was from that decision that the appeal was brought.

The magistrate had said that although there was evidence on which he might convict . . . yet taking into account the gravity of a conviction against a hotelkeeper, lie would be justified in dismissing and he accordingly did dismiss all such informations, on the ground that he was morally without blame, and the offences were in the particular case of so trifling a nature that it was inexpedient to inflict any punishment. The question was, as to whether the magistrate was justified in relying on Section !)2 of the Justices of the Peace Act in dismissing the informations. After referring to the discretionary powers given to Justices under the section, and reviewing the authorities cited in the case the judge says: To justify me in interfering with the decision of (he magistrate to whom the Legislature has in the first instance given this discretionary authority, I ought to be able to say that his conclusion was quite unreasonable. ... I think the magistrate was entitled to base his opinion on all the circumstances appearing down to the moment he adjudicated on the group of cases and that there is nothing that calls for the intervention of this cotTl. I agree that magistrates ought to exercise this authority with great care as it is really only capable of being in the case of adults in very exceptional circumstances.

The appeals were therefore dismissed. Air. H. R. Billing appeared for appellanl and Mr. P. O'Dea (Hawera) for respondent.