Millner v Raith [1942] HCA 21

Millner v Raith [1942] HCA 21

Section 7 of the Crimes Act 1914-1937 applies to attempts to commit offences retrospectively created by amendments to the Defence Act, such that attempts made between the retroactive date and the date of assent are offences. However, the liability of persons concerned in management of a body corporate under section 73m does not extend to cases where the corporation is guilty only of an attempt unless the individual is actively involved; thus, the present informations do not disclose an offence under section 7 against the respondent.

Parties
Appellant, Informant: Thomas George Millner; Respondent, Defendant: Jacob Lauder Raith
Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From Court of Petty Sessions by Way of Case Stated
Outcome
Appeal allowed; question answered in the negative; order of Stipendiary Magistrate set aside; matter remitted to magistrate
Legal Topics
Attempt to Commit an Offence, Retrospective Operation of Statutes, Liability of Directors and Managers of Corporations, Supply of Food to Defence Force
Criminal Law Attempt to Commit an Offence Retrospective Operation of Statutes Liability of Directors and Managers of Corporations Supply of Food to Defence Force

Case Brief

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Parties

Thomas George Millner

Appellant, Informant

Jacob Lauder Raith

Respondent, Defendant

Procedural Posture

Appeal / Appeal From Court of Petty Sessions by Way of Case Stated

Legal Issues

  1. 1 Does section 7 of the Crimes Act 1914-1937 apply retrospectively to attempts to commit offences under sections 73c and 73m of the Defence Act 1903-1941, given the retrospective operation of the Defence Act 1941?
  2. 2 Is a person concerned in the management of a body corporate liable for an attempt by the corporation to commit an offence under the relevant sections?

Ratio Decidendi

Section 7 of the Crimes Act 1914-1937 applies to attempts to commit offences retrospectively created by amendments to the Defence Act, such that attempts made between the retroactive date and the date of assent are offences. However, the liability of persons concerned in management of a body corporate under section 73m does not extend to cases where the corporation is guilty only of an attempt unless the individual is actively involved; thus, the present informations do not disclose an offence under section 7 against the respondent.

Court Disposition

Appeal allowed; question answered in the negative; order of Stipendiary Magistrate set aside; matter remitted to magistrate

Orders

  • Matter remitted to the magistrate to do as shall appear just consistently with this decision