R v O'Donoghue [1917] HCA 8

R v O'Donoghue [1917] HCA 8

The direction to the jury was wrong in law; the phrase 'by virtue of his employment' requires authority to receive money as part of the officer’s employment, not merely access or opportunity.

Parties
Prosecution: The King; Accused: David Flynn O'Donoghue
Jurisdiction
Australia
Judgment Date
28 March 1917
Procedural Posture
Criminal / Case Stated/reserved for Opinion of High Court
Outcome
Questions reserved answered: direction was wrong in law; conviction should not stand.
Legal Topics
Larceny, Commonwealth Officer, Crimes Act 1914 1915, Jurisdiction, Judiciary Act
Criminal Law Larceny Commonwealth Officer Crimes Act 1914 1915 Jurisdiction Judiciary Act

Case Brief

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Parties

The King

Prosecution

David Flynn O'Donoghue

Accused

Procedural Posture

Criminal / Case Stated/reserved for Opinion of High Court

Legal Issues

  1. 1 Proper meaning of 'by virtue of his employment' in section 71 of Crimes Act 1914-1915
  2. 2 Jurisdiction of State Court to reserve question of law for High Court under section 72(1) Judiciary Act 1903-1915

Ratio Decidendi

The direction to the jury was wrong in law; the phrase 'by virtue of his employment' requires authority to receive money as part of the officer’s employment, not merely access or opportunity.

Court Disposition

Questions reserved answered: direction was wrong in law; conviction should not stand.

Orders

  • Questions reserved answered 'No' to both: direction not correct, conviction should not stand.