William Heinemann Ltd v Kyte-Powell [1960] HCA 32; (1960) 103 CLR 351 (1 June 1960)

HIGH COURT OF AUSTRALIA

WILLIAM HEINEMANN LTD. v. KYTE-POWELL [1960] HCA 32; (1960) 103 CLR 351

Police Offences (Vict.)

High Court of Australia
Dixon C.J.(1), Kitto(1) and Menzies(1) JJ.

CATCHWORDS

Police Offences (Vict.) - Obscene and indecent publications - Work of recognized literary merit - Keeping not justified having regard to persons into whose hands work likely to come - Onus of proof - Police Offences Act 1958 (No. 6337) (Vict.), s. 180.

HEARING

Melbourne, 1960, June 1. 1:6:1960
APPLICATION for special leave to appeal from the Supreme Court of Victoria.

DECISION

June 1.
The judgment of the Court was delivered by DIXON C.J.: -
We think, upon the construction of s. 180, that once it affirmatively it is a work of recognized literary or artistic merit, it is outside the operation of Pt. V, unless the magistrate is satisfied postively, upon the material before him, that the publishing etc. was not justified; but we think that in this case the magistrate was so satisfied, and that we ought not to give special leave to appeal merely to investigate the question whether he had sufficient material before him for that conclusion. (at p352)

2. Special leave will therefore be refused. (at p352)

ORDER

Special leave refused.