Bacon v Salamane [1965] HCA 22

Bacon v Salamane [1965] HCA 22

On the evidence, it was open to the trial court to find the offence under s. 29B was proved because the representations were made with a view to obtaining a benefit, namely employment, from a public authority.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / Appeal From Court of Criminal Appeal by Special Leave
Outcome
Appeal allowed
Legal Topics
['false Representations' 'benefit or Advantage' 'interpretation of S. 29 B Commonwealth Crimes Act']
['criminal Law'] ['false Representations' 'benefit or Advantage' 'interpretation of S. 29 B Commonwealth Crimes Act']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal From Court of Criminal Appeal by Special Leave

Legal Issues

  1. 1 ["Whether seeking and obtaining employment with the Australian Atomic Energy Commission by false representation is obtaining a 'benefit' under s. 29B of the Commonwealth Crimes Act 1914, as amended" 'Whether the evidence was sufficient to establish the charge under s. 29B']

Ratio Decidendi

On the evidence, it was open to the trial court to find the offence under s. 29B was proved because the representations were made with a view to obtaining a benefit, namely employment, from a public authority.

Court Disposition

Appeal allowed

Orders

  • ["Appellant to pay the respondent's costs of the appeal, including the costs of the motion for special leave." "Order that the answers given by the Court of Criminal Appeal to questions (b) and (e) be set aside and the following answers be given: (b) There was evidence that in seeking employment with the Commission...