Vanhouten vs Gauder – clr volume 3 page 056

In VANHOUTEN v. GAUDER, the court addressed whether a hotel keeper could be convicted for selling intoxicating liquor during prohibited hours under Ordinance No. 12 of 1891. It was held that a conviction cannot be sustained without clear proof that the accused personally delivered the liquor or caused it to be delivered during the forbidden hours (midnight to 5 a.m.), as mere presence of intoxicated patrons is insufficient. The principle reaffirmed that the evidentiary burden rests on the prosecution to establish both the time and the method of delivery by the accused. Reliance was placed on the statutes and the evaluation of conflicting witness testimonies, underscoring the necessity for precise and convincing evidence in regulatory offences of this nature. The judgment established that c