R v Kenny [2008] NSWDC 389

R v Kenny [2008] NSWDC 389

The evidence showed that the licensee, through a comprehensive plan, undertook all reasonable steps to prevent intoxication. The defence under s 125(4) was proven to the requisite standard, and knowledge of intoxication is not required if all reasonable steps were taken. The convictions should be quashed.

Jurisdiction
Australia
Judgment Date
18 July 2008
Procedural Posture
Conviction Appeal / Appeal Upheld
Outcome
Convictions quashed; appeal upheld
Legal Topics
['licensed Premises' 'intoxication' 'vicarious Liability' 'reasonable Steps to Prevent Intoxication']
['criminal Law'] ['licensed Premises' 'intoxication' 'vicarious Liability' 'reasonable Steps to Prevent Intoxication']

Case Brief

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Procedural Posture

Conviction Appeal / Appeal Upheld

Legal Issues

  1. 1 ["Meaning of 'permit' under s 125 Liquor Act 1982" 'Whether knowledge of intoxication is required for offence under s 125(1)' 'Defences available under s 125(4) and (4A) Liquor Act 1982' 'Whether the licensee took all reasonable steps to prevent intoxication on licensed premises']

Ratio Decidendi

The evidence showed that the licensee, through a comprehensive plan, undertook all reasonable steps to prevent intoxication. The defence under s 125(4) was proven to the requisite standard, and knowledge of intoxication is not required if all reasonable steps were taken. The convictions should be quashed.

Court Disposition

Convictions quashed; appeal upheld

Orders

  • ['Orders of Magistrate revoked' 'Appellant acquitted of each charge']