Taylor, Appellant; Nixon, Respondent

• Jurisdiction: Ireland
• Judgment Date: 20 December 1909
• Date: 20 December 1909
• Court: King's Bench Division (Ireland)

Taylor

Applicants

and

Nixon

Respondents (1).

K. B. Div.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1910.

Justices — Sale of Food and Drugs Act, 1899, s. 16 — “Wilfully” — Mens rea — Manager of public — house — Responsibility of proprietor — Obstruction of inspector.

Section 16 of the Sale of Food and Drags Act, 1899 (62 & 63 Vict. c. 51), enacts that “any person who wilfully obstructs or impedes any inspector … in the course of his duties under the Sale of Food and Drugs Acts, or, by any gratuity, bribe, promise, or other inducement, prevents or attempts to prevent the due execution by such inspector … of his duty under those Acts,” shall be liable on summary conviction to the fines therein mentioned:—

Held, that the offence created by the section is one of intentional misconduct, involving personal mens rea.

Where an inspector of food and drugs required a sample of whiskey from a particular bottle, and the husband of the publican, who the Justices found was at the time acting as her manager, while pretending to uncork it, deliberately, as the Justices found, broke the bottle; but the Justices did not find that he did so at the request or with the authority or connivance of his wife, nor was there any evidence to that effect:—

Held, that a conviction against the wife for wilful obstruction of the inspector could not be sustained.

Case Stated at the instance of the appellant, Mrs. Florence A. E. Taylor, by the Justices of the county of Antrim, at Lisburn Petty Sessions, under the 21 & 22 Vict. c. 43.

The case was as follows:—

At a Petty Sessions, holden in and for the Petty Sessions District of Lisburn, in the county of Antrim, on the 19th day of November, 1908, before the undersigned Justices of the Peace, acting in and for the said Petty Sessions District of Lisburn, in the county of Antrim, Florence A. E. Taylor, the above-named defendant, was charged “That on the 9th day of October, 1908, at Lissue, in the said district, and in the county of Antrim, you, the said defendant, did wilfully obstruct the complainant in the course of his duties as inspector of food and drugs.” And the said parties being then present, the charge was duly heard before us, and upon such hearing we convicted the defendant, and ordered that she should pay for fine twenty-one shillings, and for costs two shillings and sixpence forthwith, and, in default of payment, to be imprisoned in Belfast Gaol for the period of fourteen days, without hard labour, unless said sums be sooner paid.

And whereas the said Florence A. E. Taylor, the defendant, hath, pursuant to the provisions of the before-mentioned statute, given us notice, and required us, to state and sign a case setting forth the facts and grounds of our determination upon the hearing of said complaint, in order that she might take the opinion of the said Court thereon.

Now we, the said Justices, pursuant to the said notice and the provisions of the statute, do hereby state and sign such case as aforesaid as follows:—

At the hearing of the said complaint, Mr. T. M. Greer, solicitor, appeared for complainant, and Mr. A. J. Lewis, solicitor, for defendant.

Sergeant J. W. Nixon, complainant, deposed:— “On the 9th October, 1908, I visited the premises of Florence A. E. Taylor, publican, Lissue, to carry out my duties as inspector of food and drugs. I cycled there, and had my usual bag containing bottles for samples, &c., strapped on the cycle. I arrived at about 9.15 a.m. I saw the defendant's husband outside the premises doing something to a horse. I dismounted, had a conversation with him, and proceeded to unfasten my bag from the cycle. I understood that defendant's husband (Mr. Taylor) was in the police force some years previously. He (Taylor) hurriedly entered the house, and I followed him hurriedly. He went behind the counter.” Mr. Lewis here objected. He was here to defend Florence A. E. Taylor on a specific charge, and had nothing to do with anyone else. What Mr. Taylor did had nothing to do with the case. Mr. Greer,” We will see about that later on.” Witness (continuing)— “Taylor went behind the counter, took a pint bottle off the shelf, and put it away in a corner out of my sight. The bottle was about three-quarters full. I told him I had come to take a sample of whiskey. He said he knew that. Taylor told me on a previous occasion that he had served behind the bar, and he swore it in this Court some time ago. He (Taylor) filled a jug from a hogshead. I told him I did not want that. I pointed to the bottle on the shelf, and said I wanted it. He said there was no whiskey in it, only coloured water. I then drew his attention to the fact that it was labelled ‘the best quality whiskey.’ He then put down another bottle, and took this one (produced) in his hand. I knew what was in it because I smelt it. Taylor then made to draw the cork, advanced his head as if to smell it, and dropped it, deliberately I say, smashing it in pieces. I then went round behind the bar and lifted up one of the broken pieces (produced), which contained the dregs of whiskey. Taylor picked up the small label with the words ‘best whiskey,’ and began to rub it between his finger and thumb. Having regard to his conduct, it was impossible for me to get a sample of the whiskey in the bottle.” Cross-examined by Mr. Lewis— “Although there were other bottles on the shelf, I did not ask for one of them. They were sealed. Mrs. Taylor was not present at the time. I only saw her when I was leaving. I had no conversation with her. I saw a horse outside. Taylor did not tell me what he was doing to the horse. There was no talk about the whiskey being used for rubbing the horse's legs. If I took all the samples offered me by publicans and others to be analysed, there would be little use of my spending the public money.” To Mr. Greer— “I don't allow the publicans to select the samples I want. What I mean by saying that Mr...