Rex v Neil [1909] HCA 24; (1909) 8 CLR 671 (6 May 1909)

HIGH COURT OF AUSTRALIA

Rex v Neil

H C of A

On appeal from the Supreme Court of Queensland.

6 May 1909

Griffith C.J., O'Connor and Isaacs JJ.

Ryan, for the applicant.

Griffith C.J.,

O'Connor and Isaacs JJ.

Per Curiam. It is not necessary to express any definite opinion upon the question sought to be raised in this case. Even if the contention is well founded, the learned Judge might properly have directed the jury that on the evidence they ought to find as a fact that the intention of the woman was proved. If they had not so found, they would have gone in the face of the evidence. It is not therefore a case where any substantial injustice can be suggested. Under these circumstances special leave to appeal ought not to be given.

Solicitors for applicant, McGrath & Hunter (for D. Carey, Rockhampton).