Re Hodgkinson [1947] HCA 27

Re Hodgkinson [1947] HCA 27

The limitation provision in s. 219(2) applies to all offences under Part XIV of the Bankruptcy Act, not just those without a special penalty; accordingly, summary proceedings must be instituted within one year from the first discovery of the offence, regardless of whether a special penalty applies.

Parties
Bankrupt: Wilfred Hodgkinson; Trustee: Arnold Victor Richardson; Respondent: Attorney-General for the Commonwealth
Jurisdiction
Australia
Procedural Posture
Special Case Stated / Opinion of the High Court
Outcome
Question answered in the affirmative.
Legal Topics
Limitation of Time for Prosecution, Summary Proceedings, Interpretation of Penal Provisions
Bankruptcy Criminal Law Limitation of Time for Prosecution Summary Proceedings Interpretation of Penal Provisions

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Parties

Wilfred Hodgkinson

Bankrupt

Arnold Victor Richardson

Trustee

Attorney-General for the Commonwealth

Respondent

Procedural Posture

Special Case Stated / Opinion of the High Court

Legal Issues

  1. 1 Does the limitation period under s. 219(2) of the Bankruptcy Act 1924-1946 apply to all offences under Part XIV of the Act, including those with special penalties, or only to s. 213 offences against the Act?

Ratio Decidendi

The limitation provision in s. 219(2) applies to all offences under Part XIV of the Bankruptcy Act, not just those without a special penalty; accordingly, summary proceedings must be instituted within one year from the first discovery of the offence, regardless of whether a special penalty applies.

Court Disposition

Question answered in the affirmative.

Orders

  • No order as to costs.