Cameron v Holt [1980] HCA 5

Cameron v Holt [1980] HCA 5

Section 138 (1) (d) of the Social Services Act 1947 Cth as amended did not displace the presumption that mens rea is required for a criminal offence. The prosecution therefore had to prove that the respondent knew the statement presented was false or acted with reckless indifference to its truth or falsehood. The magistrate's findings negatived that requirement, so the Full Court was plainly correct to quash the convictions and special leave was refused.

Jurisdiction
Australia
Procedural Posture
Criminal Statutory Offence Under the Social Services Act 1947 Cth / Application for Special Leave to Appeal to the High Court of Australia From the Full Court of the Supreme Court of South Australia
Outcome
Application for special leave to appeal refused.
Legal Topics
['mens Rea in Statutory Offences' 'false Statement or Document Presented to an Officer' 'unemployment Benefits' 'special Leave to Appeal From Judgment Quashing Conviction']
['criminal Law' 'social Security' 'statutory Interpretation'] ['mens Rea in Statutory Offences' 'false Statement or Document Presented to an Officer' 'unemployment Benefits' 'special Leave to Appeal From Judgment Quashing Conviction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Statutory Offence Under the Social Services Act 1947 Cth / Application for Special Leave to Appeal to the High Court of Australia From the Full Court of the Supreme Court of South Australia

Legal Issues

  1. 1 ['Whether mens rea is an ingredient of the offence under s. 138 (1) (d) of the Social Services Act 1947 Cth as amended.' 'Whether the prosecution had to prove that the respondent knew the statement was false or made it with reckless indifference to its truth or falsehood.' "Whether special leave should be granted to appeal from the Full Court's judgment quashing the convictions."]

Ratio Decidendi

Section 138 (1) (d) of the Social Services Act 1947 Cth as amended did not displace the presumption that mens rea is required for a criminal offence. The prosecution therefore had to prove that the respondent knew the statement presented was false or acted with reckless indifference to its truth or falsehood. The magistrate's findings negatived that requirement, so the Full Court was plainly correct to quash the convictions and special leave was refused.

Court Disposition

Application for special leave to appeal refused.

Orders

  • ['Application for special leave to appeal refused.']