view raw text
AN AUSTRALIAN DECISION. Ill Melbourne. Australia, recently, the Victori in Pull Court gave I decfcrloa la favor of a bookmaker who appealed against a conviction by Flemington in. igisi rates on November 11 H appears that Bert lewis was charged with carrying oil the business of i Ix.okinaker on the Heniinglon course Without having a license or permit, contrary to the regulations mad.- bv the committee of the Victoria Raclec. lub and. oii conviction, was lined Sll.", in default, a months Imprisonment, with tig casta. The defend sol appealed on the grounds ihal the offence charved was noi Included in the offences created by section i ,:: of the Police Offences Act. under which be had been charge*, and thai ao saTcacc was disclosed aah. against Iha1 Art or against the reguIaUoas made by F the committee of the Victorian Racing club. Tin- matter came ou for aillimi III before Mr. Justice aBeckell. Mr Justice Hood, and Mr. Justice Cussea In its report of the proceedings tie-"Age" states that Mr. Mi Arthur, who appear -d r„r the lespondeiits. said section l.r ,*5 of the Police Offences Act gave power to the committee of the racing club to make regulations Car the control of hookmakiiM and to prescribe conditions and fix charges. The commit!. e thus had power to prevent people without permits carrying on the business of a Iiookmaker. Mr Justice Hood: The Act of Parliament only give* Hie committee of the club power to make regulations. There was no contravention of that section by defendant. Mr. Mc.Vrthur: The real offence is carrying on tile business of a hoot maker without a license. Tech nically the offence is under section IBS, All we have io show is that defendant was carrying on his vocation without a license. Mr. Jiisiice Hood: Tea charge hi in with committing a particular offence, and that offence does not exist under the section which he is charged. Mr. Justice aBeckett: There might be a law under which persons might be licensed to sell fish ou the course. A man sells fish, and he is brought up on a charge of carrying on the business of B fishmonger contrary to the Act of Parliament. But he would have committed no offence against the Act — only against the regulations which the Act gave power lo make, and which regulations may -T may not have been framed. Mr. Justice Hood said Hie charge at the lower Court would require to be amended to create an offence. Mr. Justice aBeckett. in delivering the judgment of the Court, said the section under which defendant was charged contained provisions under which regulations might be made by the racing club to govern bettin" and to make provision against what defendant had been doing, viz.. carrying ou the business of a bookmaker without a license. The section also gave the club power to fix their own penalities for the breach of any such regulations when made. The mistake had been made of charging defendant with having committed an offence. against the Act itself, whereas all he could have done would have been to have committed an eaTcaja against nnv regulations which may have been made under the Act. No offence under the Act having boon shown, the order nisi would be made absolut;. and the conviction quashed, with costs.
