Namatjira v Raabe [1959] HCA 13

Namatjira v Raabe [1959] HCA 13

Section 14 of the Welfare Ordinance 1953-1957 (N.T.) does not require that each case of a proposed declaration of ward be dealt with individually or after notice to the proposed ward. A block declaration is permissible, especially where a right of appeal is available. The conviction was supported by evidence, and no further reduction of the sentence is warranted.

Parties
Applicant; Defendant: Albert Namatjira; Respondent; Complainant: Gordon Edgar Raabe
Jurisdiction
Australia
Procedural Posture
Criminal / Application for Leave to Appeal From Supreme Court of the Northern Territory
Outcome
application for leave to appeal refused
Legal Topics
Aboriginal Law—welfare Ordinance—declaration as Ward, Notice and Hearing Prior to Administrative Declaration, Licensing Offences—supply of Liquor to Ward
Criminal Law Administrative Law Aboriginal Law—welfare Ordinance—declaration as Ward Notice and Hearing Prior to Administrative Declaration Licensing Offences—supply of Liquor to Ward

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Parties

Albert Namatjira

Applicant; Defendant

Gordon Edgar Raabe

Respondent; Complainant

Procedural Posture

Criminal / Application for Leave to Appeal From Supreme Court of the Northern Territory

Legal Issues

  1. 1 Whether s. 14 of the Welfare Ordinance 1953-1957 requires each declaration of ward to be made individually or after notice to the proposed ward
  2. 2 Whether a declaration of ward made without notice or opportunity to be heard is valid
  3. 3 Whether evidence supported conviction for supplying liquor to a ward

Ratio Decidendi

Section 14 of the Welfare Ordinance 1953-1957 (N.T.) does not require that each case of a proposed declaration of ward be dealt with individually or after notice to the proposed ward. A block declaration is permissible, especially where a right of appeal is available. The conviction was supported by evidence, and no further reduction of the sentence is warranted.

Court Disposition

application for leave to appeal refused

Orders

  • Application for leave to appeal from the Supreme Court of the Northern Territory refused.