McGowan v Grieve [1918] HCA 11; (1918) 24 CLR 360 (13 March 1918)

HIGH COURT OF AUSTRALIA

McGowan Defendant, Appellant; and Grieve Informant, Respondent.

H C of A

On appeal from a Court of Petty Sessions of Victoria.

13 March 1918

Barton, Higgins, Gavan Duffy, Powers and Rich JJ.

Lazarus, for the appellant.

Starke, for the respondent.

The judgment of the Court, which was delivered by Barton J., was as follows:—

Barton, Higgins, Gavan Duffy, Powers and Rich JJ.

This case raises two questions, one as to whether the conviction is supported by the evidence, which was challenged on various grounds, and the other as to the validity of the regulation. The latter question has not been argued before us, and we do not deal with it. As to the former question, it is purely one of evidence, and on the facts before us we think that the Magistrate was wrong and that the appeal should be allowed.

Appeal allowed with costs. Order nisi absolute. Conviction quashed.

Solicitor for the appellant, M. Lazarus.

Solicitor for the respondent, Gordon H. Castle, Crown Solicitor for the Commonwealth.