BRADBURY V. STAINES

BRADBURY V. STAINES

Special leave to appeal should be refused as there was no special reason shown warranting intervention by the High Court; the case involved application of established principles to particular facts, and did not raise a matter of general principle or importance.

Parties
Applicant: Bradbury; Respondent: Staines
Jurisdiction
Australia
Judgment Date
04 December 1969
Procedural Posture
Application for Special Leave to Appeal / Application for Special Leave to Appeal to the High Court of Australia
Outcome
Application for special leave to appeal refused with costs.
Legal Topics
Obscene Language, Public Order Offences, Standard of Community Decency
Criminal Law Obscene Language Public Order Offences Standard of Community Decency

Case Brief

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Parties

Bradbury

Applicant

Staines

Respondent

Procedural Posture

Application for Special Leave to Appeal / Application for Special Leave to Appeal to the High Court of Australia

Legal Issues

  1. 1 Whether the use of certain language in a public performance constituted the use of obscene language under s. 7(c) of The Vagrants, Gaming and Other Offences Act, 1931-1967 (Qld)
  2. 2 Whether there was evidence upon which the magistrate could convict the respondent

Ratio Decidendi

Special leave to appeal should be refused as there was no special reason shown warranting intervention by the High Court; the case involved application of established principles to particular facts, and did not raise a matter of general principle or importance.

Court Disposition

Application for special leave to appeal refused with costs.

Orders

  • Application for special leave to appeal refused with costs.