Cooper v The Queen [1961] HCA 16

Cooper v The Queen [1961] HCA 16

Section 17 of the Laws Repeal and Adopting Ordinance required the Queensland Code references to be adapted to New Guinea. Although much inadmissible and prejudicial evidence was tendered and heard, the trial judge sat without a jury, his reasons showed that he decided the real issue on admissible evidence, and the words proved, even on the applicant's own version, were capable of being found expressive of a seditious intention. The inadmissible evidence did not adversely affect the result, so leave to appeal was refused.

Jurisdiction
Australia
Procedural Posture
Criminal Application for Leave to Appeal Against Conviction / Application for Leave to Appeal to the High Court of Australia
Outcome
Application for leave to appeal dismissed.
Legal Topics
['seditious Words' 'admissibility of Prejudicial Evidence' 'similar Fact Evidence' 'judge Alone Criminal Trial' 'application of Queensland Criminal Code in the Territory of New Guinea']
['criminal Law' 'evidence' 'territory Law'] ['seditious Words' 'admissibility of Prejudicial Evidence' 'similar Fact Evidence' 'judge Alone Criminal Trial' 'application of Queensland Criminal Code in the Territory of New Guinea']

Case Brief

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Procedural Posture

Criminal Application for Leave to Appeal Against Conviction / Application for Leave to Appeal to the High Court of Australia

Legal Issues

  1. 1 ['Whether s. 52 and s. 44 of The Criminal Code of Queensland applied in the Territory of New Guinea despite referring to Queensland.' "Whether evidence about the applicant's political views, communism, atheism, hostility to missionaries, and prior private statements was admissible." 'Whether the conviction was unreasonable or could not be supported having regard to the evidence.' 'Whether inadmissible and prejudicial evidence affected the judge-alone conviction so that leave to appeal should be granted.']

Ratio Decidendi

Section 17 of the Laws Repeal and Adopting Ordinance required the Queensland Code references to be adapted to New Guinea. Although much inadmissible and prejudicial evidence was tendered and heard, the trial judge sat without a jury, his reasons showed that he decided the real issue on admissible evidence, and the words proved, even on the applicant's own version, were capable of being found expressive of a seditious intention. The inadmissible evidence did not adversely affect the result, so leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['Application for leave to appeal dismissed.']