Berwin v Donohoe [1915] HCA 79

Berwin v Donohoe [1915] HCA 79

The majority held there was no evidence of an attempt by Moors to trade with the enemy by sending the cocoa to the San Francisco firm which either Berwin or the company aided or abetted, or of an independent attempt on the part of Berwin or the company to trade with the enemy. As such, the charge of aiding and abetting failed and the convictions were overturned.

Parties
Appellant: Alfred George Berwin; Appellant: A. Berwin & Company Limited; Respondent: John Thomas Tamplin Donohoe
Jurisdiction
Australia
Judgment Date
14 December 1915
Procedural Posture
Appeal / Appeal From Court of Petty Sessions to the High Court of Australia
Outcome
Appeal allowed. Convictions set aside.
Legal Topics
Trading With the Enemy, Attempts, Aiding and Abetting, Statutory Interpretation, Consent to Prosecution
Criminal Law Wartime Trading Regulations Trading With the Enemy Attempts Aiding and Abetting Statutory Interpretation Consent to Prosecution

Case Brief

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Parties

Alfred George Berwin

Appellant

A. Berwin & Company Limited

Appellant

John Thomas Tamplin Donohoe

Respondent

Procedural Posture

Appeal / Appeal From Court of Petty Sessions to the High Court of Australia

Legal Issues

  1. 1 Whether there was evidence of an attempt to trade with the enemy by the appellants.
  2. 2 Whether the appellants aided and abetted an attempt to trade with the enemy.
  3. 3 Whether the consent of the Attorney-General was sufficient for the prosecution under the Trading with the Enemy Act 1914.

Ratio Decidendi

The majority held there was no evidence of an attempt by Moors to trade with the enemy by sending the cocoa to the San Francisco firm which either Berwin or the company aided or abetted, or of an independent attempt on the part of Berwin or the company to trade with the enemy. As such, the charge of aiding and abetting failed and the convictions were overturned.

Court Disposition

Appeal allowed. Convictions set aside.

Orders

  • Convictions set aside.
  • Respondent to pay costs of appeals.