Bear v Lynch [1909] HCA 31

Bear v Lynch [1909] HCA 31

A licensee is not guilty of an offence under sec. 19(4) of the Liquor (Amendment) Act 1905 (NSW) merely because a person is found on the premises during prohibited hours playing cards for money, unless that act is made unlawful by the Liquor Acts. Since the Acts do not make such gaming unlawful absent the licensee's knowledge or permission, and knowledge is immaterial, the conviction cannot stand.

Parties
Appellant: Bear; Respondent: Lynch
Jurisdiction
Australia
Judgment Date
21 May 1909
Procedural Posture
Appeal / Judgment on Appeal From the Supreme Court of New South Wales
Outcome
Appeal dismissed with costs.
Legal Topics
Liability of Licensee, Statutory Construction, Lawful Purpose Under Liquor Acts, Strict Liability Offences
Criminal Law Licensing Law Liability of Licensee Statutory Construction Lawful Purpose Under Liquor Acts Strict Liability Offences

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Parties

Bear

Appellant

Lynch

Respondent

Procedural Posture

Appeal / Judgment on Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether playing cards for money on licensed premises during prohibited hours constitutes an 'unlawful purpose' under sec. 19(4) of the Liquor (Amendment) Act 1905 (NSW) so as to make the licensee liable for a penalty.
  2. 2 Whether knowledge or mens rea (guilty mind) on the part of the licensee is an ingredient of the offence under sec. 19(4).

Ratio Decidendi

A licensee is not guilty of an offence under sec. 19(4) of the Liquor (Amendment) Act 1905 (NSW) merely because a person is found on the premises during prohibited hours playing cards for money, unless that act is made unlawful by the Liquor Acts. Since the Acts do not make such gaming unlawful absent the licensee's knowledge or permission, and knowledge is immaterial, the conviction cannot stand.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.