Wilcox v. Jeffery

1 All E.R. 464 (1951)

Facts

Wilcox, (D) owner and managing editor of a monthly magazine entitled 'Jazz Illustrated,' was charged with aiding and abetting Coleman Hawkins, a citizen of the United States, in contravening art. 1 (4) of the Aliens Order, 1920, by failing to comply with a condition attached to a grant of leave to land in the United Kingdom, namely, that Hawkins should take no employment paid or unpaid during his stay. Hawkins arrived at a London airport and was met by D. D was present when an immigration officer interviewed two other persons who had previously applied for permission for Hawkins to perform at a concert in London but had been told by the Ministry of Labour that their application had been refused. It was stated that Hawkins would attend the concert and would be 'spotlighted and introduced to the audience, but would not perform. D said he was not connected with the persons responsible for organizing the concert and that he had only gone to the airport to report Hawkins' arrival for his magazine. Hawkins was allowed to remain for three days on the condition that he should not take any paid or unpaid employment. D was aware that such a condition had been imposed. D attended the concert, paying for admission. Hawkins was seated in a box, but after being 'spotlighted,' he went on the stage and played the saxophone. A description of the performance by Hawkins with several pages of photographs was later published in D's magazine. The magistrate was of the opinion that D aided and abetted the contravention of the Order by Hawkins and imposed a fine of £25 and £21 costs.