Guillot v Hender [1999] FCA 322

Guillot v Hender [1999] FCA 322

Section 29B Crimes Act 1914 creates offences of imposition or endeavouring to impose upon the Commonwealth or a public authority by untrue representation with a view to obtaining a benefit; these offences do not require proof of actual benefit to the accused or detriment to the authority. They are made out where the false statement is made knowingly with the purpose of gaining a benefit, even if the regulatory system under which benefit would have accrued was invalid.

Jurisdiction
Australia
Judgment Date
29 March 1999
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed.
Legal Topics
['elements of Offences Under S 29 B Crimes Act 1914' 'requirements for Imposition or Endeavouring to Impose Offence' 'review Under Administrative Decisions (judicial Review) Act' 'validity of Fisheries Quota Scheme']
['criminal Law' 'administrative Law'] ['elements of Offences Under S 29 B Crimes Act 1914' 'requirements for Imposition or Endeavouring to Impose Offence' 'review Under Administrative Decisions (judicial Review) Act' 'validity of Fisheries Quota Scheme']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether offences under s 29B Crimes Act 1914 require proof of actual acquisition of benefit' 'Whether those offences require that the Commonwealth or relevant authority be deceived or misled' 'Whether those offences require proof of other detriment' 'Whether evidence before Magistrate disclosed no offence known to law']

Ratio Decidendi

Section 29B Crimes Act 1914 creates offences of imposition or endeavouring to impose upon the Commonwealth or a public authority by untrue representation with a view to obtaining a benefit; these offences do not require proof of actual benefit to the accused or detriment to the authority. They are made out where the false statement is made knowingly with the purpose of gaining a benefit, even if the regulatory system under which benefit would have accrued was invalid.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The appellants pay the second respondent's costs of the appeal."]