King v Scott [1950] HCA 34

King v Scott [1950] HCA 34

On its proper construction, s. 137 of the Child Welfare Act 1947 (W.A.) does not create an offence unless the child has committed an offence. The expressions 'the child' and 'such child' refer to the child who has committed an offence, and there is no offence proved if the child has not done so. The appeals court order is set aside and the magistrate’s order of dismissal restored.

Parties
Applicant: Freda Maud King; Respondent: R. V. Nevile
Jurisdiction
Australia
Judgment Date
19 September 1950
Procedural Posture
Application for Special Leave to Appeal (criminal Charge Under Statute) / High Court of Australia Hearing of Appeal From Full Court of the Supreme Court of Western Australia
Outcome
Appeal allowed. Order of Full Court discharged (except as to costs). Order of special magistrate restored. Special leave to appeal granted. Costs to be paid by respondent.
Legal Topics
Neglected Child, Contributing to Child's Neglect, Statutory Construction
Criminal Law Child Welfare Law Statutory Interpretation Neglected Child Contributing to Child's Neglect Statutory Construction

Case Brief

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Parties

Freda Maud King

Applicant

R. V. Nevile

Respondent

Procedural Posture

Application for Special Leave to Appeal (criminal Charge Under Statute) / High Court of Australia Hearing of Appeal From Full Court of the Supreme Court of Western Australia

Legal Issues

  1. 1 Whether s. 137 of the Child Welfare Act 1947 (W.A.) requires that the child in question be proven to have committed an offence before a person can be convicted for contributing to the child becoming a neglected child.

Ratio Decidendi

On its proper construction, s. 137 of the Child Welfare Act 1947 (W.A.) does not create an offence unless the child has committed an offence. The expressions 'the child' and 'such child' refer to the child who has committed an offence, and there is no offence proved if the child has not done so. The appeals court order is set aside and the magistrate’s order of dismissal restored.

Court Disposition

Appeal allowed. Order of Full Court discharged (except as to costs). Order of special magistrate restored. Special leave to appeal granted. Costs to be paid by respondent.

Orders

  • Special leave to appeal granted.
  • Appeal allowed.