Barclay v Linnane [1956] HCA 17

Barclay v Linnane [1956] HCA 17

The defendant's work in the lost property section at Lucas siding, within the railway yards and forming part of the operating portion of the railway system, fell within the expression "employed upon the railway" in s. 133 (1) (a). The restrictive construction adopted by the magistrate and Clancy J. was erroneous, so the dismissal of the information and the dismissal of the appeal were erroneous.

Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal in a Prosecution Under S. 133 (1) (a) of the Government Railways Act 1912 1955 / High Court Application for Special Leave Treated as the Appeal From an Order of Clancy J. Dismissing an Appeal by Way of Case Stated
Outcome
Special leave to appeal granted; application treated as the appeal; appeal allowed; order of Clancy J. discharged; matter remitted to the magistrate with the opinion that the decision dismissing the information was erroneous.
Legal Topics
['meaning of "employed Upon the Railway"' 'drunkenness or Influence of Intoxicating Liquor While Employed Upon a Railway' 'special Leave to Appeal' 'case Stated']
['criminal Law' 'statutory Interpretation' 'railways Law'] ['meaning of "employed Upon the Railway"' 'drunkenness or Influence of Intoxicating Liquor While Employed Upon a Railway' 'special Leave to Appeal' 'case Stated']

Case Brief

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Procedural Posture

Application for Special Leave to Appeal in a Prosecution Under S. 133 (1) (a) of the Government Railways Act 1912 1955 / High Court Application for Special Leave Treated as the Appeal From an Order of Clancy J. Dismissing an Appeal by Way of Case Stated

Legal Issues

  1. 1 ['Whether the defendant, a station assistant in the lost property section at Lucas siding within the Darling Harbour railway yards, was a person "employed upon the railway" within s. 133 (1) (a) of the Government Railways Act 1912-1955.' 'Whether the magistrate and Clancy J. erred by adopting a restricted meaning of "railway" confined to railway tracks and services ancillary to the running of trains.']

Ratio Decidendi

The defendant's work in the lost property section at Lucas siding, within the railway yards and forming part of the operating portion of the railway system, fell within the expression "employed upon the railway" in s. 133 (1) (a). The restrictive construction adopted by the magistrate and Clancy J. was erroneous, so the dismissal of the information and the dismissal of the appeal were erroneous.

Court Disposition

Special leave to appeal granted; application treated as the appeal; appeal allowed; order of Clancy J. discharged; matter remitted to the magistrate with the opinion that the decision dismissing the information was erroneous.

Orders

  • ['The applicant having submitted to terms as to costs, special leave to appeal be granted upon the terms that the applicant pay the costs of the defendant respondent taxed on the footing that one counsel only be allowed.' 'The application for special leave be treated as the appeal.' 'Appeal allowed.' 'Order of...