McCann v Butcher [1917] HCA 49

McCann v Butcher [1917] HCA 49

The words 'any enclosed or unenclosed land' in sec. 106 of the Police Offences Act 1915 (Vict.) are not limited by the context and include, within a city, enclosed land used for foot-races and for admission to which a charge is made, so that betting as prohibited by sec. 104 on such land is an offence.

Parties
Informant: McCann; Defendant: Butcher
Jurisdiction
Australia
Judgment Date
18 September 1917
Procedural Posture
Criminal Appeal / On Appeal From the Supreme Court of Victoria
Outcome
Appeal allowed, order discharged, respondent convicted and fined
Legal Topics
Gaming and Wagering, Street Betting, Statutory Interpretation
Criminal Law Gaming and Wagering Street Betting Statutory Interpretation

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Parties

McCann

Informant

Butcher

Defendant

Procedural Posture

Criminal Appeal / On Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 Whether Gurney's Running Ground is a 'street' under sec. 106 of the Police Offences Act 1915 (Vict.)
  2. 2 Whether 'enclosed or unenclosed land' in sec. 106 includes land used for sporting events within a city

Ratio Decidendi

The words 'any enclosed or unenclosed land' in sec. 106 of the Police Offences Act 1915 (Vict.) are not limited by the context and include, within a city, enclosed land used for foot-races and for admission to which a charge is made, so that betting as prohibited by sec. 104 on such land is an offence.

Court Disposition

Appeal allowed, order discharged, respondent convicted and fined

Orders

  • Order appealed from discharged
  • Respondent convicted of the offence charged and fined £20, in default distress