O'Sullivan v Truth and Sportsman Ltd [1957] HCA 8

O'Sullivan v Truth and Sportsman Ltd [1957] HCA 8

A person does not 'cause' another to offer for sale a newspaper in breach of s. 35 unless the other's act is done on their actual or implied authority, or in consequence of their control or influence. Here, newsagents acted independently and not as agents under the respondent's command; thus the respondent did not 'cause' the offering. Further, multiple offending reports in one newspaper issue do not create multiple offences.

Parties
Appellant, Complainant: Thomas O'Sullivan; Respondent, Defendant: Truth and Sportsman Limited
Jurisdiction
Australia
Judgment Date
18 February 1957
Procedural Posture
Criminal Appeal / Appeal to High Court of Australia From Full Court of the Supreme Court of South Australia
Outcome
appeal dismissed
Legal Topics
Causing an Offence, Sale and Distribution of Newspapers, Statutory Meaning of 'cause', Offences Under Police Offences Act 1953 (s.a.)
Criminal Law Statutory Interpretation Causing an Offence Sale and Distribution of Newspapers Statutory Meaning of 'cause' Offences Under Police Offences Act 1953 (s.a.)

Case Brief

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Parties

Thomas O'Sullivan

Appellant, Complainant

Truth and Sportsman Limited

Respondent, Defendant

Procedural Posture

Criminal Appeal / Appeal to High Court of Australia From Full Court of the Supreme Court of South Australia

Legal Issues

  1. 1 Whether the inclusion, in one issue of a newspaper, of multiple offending reports constitutes multiple offences under s. 35 of the Police Offences Act 1953 (S.A.)
  2. 2 What is the meaning of 'cause to be offered for sale' under s. 35 in the context of sale by third-party newsagents

Ratio Decidendi

A person does not 'cause' another to offer for sale a newspaper in breach of s. 35 unless the other's act is done on their actual or implied authority, or in consequence of their control or influence. Here, newsagents acted independently and not as agents under the respondent's command; thus the respondent did not 'cause' the offering. Further, multiple offending reports in one newspaper issue do not create multiple offences.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.