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Police v Johnson

Irish Law Times Reports (Digests) Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1931
Date01 January 1931
CourtRecorder’s Court (Northern Ireland)
[Rec., N.I.],
Police
and
Johnson

Licensed premises kept open during prohibited hours - Owner unaware he was committing offence - Misled by his clock -Indorsement of licence - Extenuating circumstances in connection with the offence - State of mind of offender - Intoxicating Liquor Act (Northern Ireland), 1923 (13 14 Geo. 5, c. 12), s. 8 (2).

The defendant was convicted before two Resident Magistrates of keeping open his licensed premises a few minutes after closing time. The Magistrate fined him 20s. and directed that the conviction be recorded on his licence. The defendant appealed and contended that the licence should not be indorsed, as there were extenuating circumstances in connection with the offence, since he had been misled by his clock and was unaware that he was committing any offence. Held, that the conviction should be confirmed, but the Court being of opinion that the state of mind of the defendant at the time of the offence, viz., that he was unaware that he was committing an offence...

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