PERRY V. BASLEY 13/1941

PERRY V. BASLEY 13/1941

The appellant was in possession of the unlawful document within the meaning of the regulation because she had control over it and admitted ownership; and the document contained advocacy of unlawful doctrines because it urged provocation of industrial unrest prejudicial to the defence of the Commonwealth and the prosecution of the war.

Parties
Appellant: Eileen Violet Perry; Respondent: William Thomas Basley
Jurisdiction
Australia
Judgment Date
04 June 1941
Procedural Posture
Appeal / Order Nisi to Review (appeal From Conviction and Fine in the Court of Petty Sessions, Perth)
Outcome
Appeal dismissed, rule nisi discharged
Legal Topics
Possession of Seditious Material, National Security (subversive Associations) Regulations, Evidence of Possession
Criminal Law National Security Possession of Seditious Material National Security (subversive Associations) Regulations Evidence of Possession

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Parties

Eileen Violet Perry

Appellant

William Thomas Basley

Respondent

Procedural Posture

Appeal / Order Nisi to Review (appeal From Conviction and Fine in the Court of Petty Sessions, Perth)

Legal Issues

  1. 1 Whether the document marked 'A' advocated any unlawful doctrine or principle contrary to National Security (Subversive Associations) Regulations
  2. 2 Whether there was sufficient evidence that the appellant had the document in her possession

Ratio Decidendi

The appellant was in possession of the unlawful document within the meaning of the regulation because she had control over it and admitted ownership; and the document contained advocacy of unlawful doctrines because it urged provocation of industrial unrest prejudicial to the defence of the Commonwealth and the prosecution of the war.

Court Disposition

Appeal dismissed, rule nisi discharged

Orders

  • The rule nisi is discharged with costs, including costs of and incidental to the application for the rule nisi.