Commonwealth Director of Public Prosecutions v Easton [2018] NSWSC 1516

Commonwealth Director of Public Prosecutions v Easton [2018] NSWSC 1516

Section 245(14) of the Commonwealth Electoral Act 1918 (Cth) does not extend the defence of having a "valid and sufficient reason" for failing to vote to a devout but non-religious moral or conscientious objection. The provision gives one specific example, religious duty, and does not alter the established principle that moral, political or philosophical objections to compulsory voting are not legally sufficient. Because Mr Easton's honestly held non-religious moral beliefs were not capable as a matter of law of constituting a valid and sufficient reason, the Magistrate erred in finding the evidential burden discharged.

Jurisdiction
Australia
Judgment Date
11 October 2018
Procedural Posture
Criminal Appeal on a Question of Law From the Local Court / Appeal Against Dismissal of a Charge Under S 245(15) of the Commonwealth Electoral Act 1918 (cth), Including Application to Extend Time
Outcome
Appeal allowed; matter remitted to the Local Court for a re-hearing.
Legal Topics
['compulsory Voting' 'valid and Sufficient Reason for Failing to Vote' 'religious Duty Exemption' 'conscientious Objection' 'evidential Burden' 'extension of Time to Appeal']
['criminal Law' 'electoral Law' 'statutory Construction'] ['compulsory Voting' 'valid and Sufficient Reason for Failing to Vote' 'religious Duty Exemption' 'conscientious Objection' 'evidential Burden' 'extension of Time to Appeal']

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Procedural Posture

Criminal Appeal on a Question of Law From the Local Court / Appeal Against Dismissal of a Charge Under S 245(15) of the Commonwealth Electoral Act 1918 (cth), Including Application to Extend Time

Legal Issues

  1. 1 ['Whether time should be extended for the Commonwealth Director of Public Prosecutions to institute the appeal.' 'Whether s 245(14) of the Commonwealth Electoral Act 1918 (Cth) extends the meaning of "valid and sufficient reason" to include a devout but non-religious objection to voting.' 'Whether the Magistrate erred in finding that the defendant satisfied the evidential burden by relying on an honestly held moral objection to voting.' 'Whether informal voting remained permissible after the enactment of s 245(14).']

Ratio Decidendi

Section 245(14) of the Commonwealth Electoral Act 1918 (Cth) does not extend the defence of having a "valid and sufficient reason" for failing to vote to a devout but non-religious moral or conscientious objection. The provision gives one specific example, religious duty, and does not alter the established principle that moral, political or philosophical objections to compulsory voting are not legally sufficient. Because Mr Easton's honestly held non-religious moral beliefs were not capable as a matter of law of constituting a valid and sufficient reason, the Magistrate erred in finding the evidential burden discharged.

Court Disposition

Appeal allowed; matter remitted to the Local Court for a re-hearing.

Orders

  • ['The Appeal is allowed.' 'The matter is remitted to the Local Court for a re-hearing.']