King v Scott [1950] HCA 34

King v Scott [1950] HCA 34

Section 137(1) of the Child Welfare Act 1947 creates offences only in cases where the child in question has committed an offence. The language 'the child' and 'such child' are referential to the child already mentioned, i.e., the child who has committed an offence, and cannot be read as 'a child' or 'any child'. Thus, a person cannot be convicted under s. 137(1) on the basis of contribution to a child becoming neglected absent the child's commission of an offence.

Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal / Appeal From the Full Court of the Supreme Court of Western Australia
Outcome
Appeal allowed
Legal Topics
['interpretation of Child Welfare Act 1947 S. 137' 'construction of Statutory Language' 'offences Relating to Neglected Children']
['criminal Law' 'child Welfare Law'] ['interpretation of Child Welfare Act 1947 S. 137' 'construction of Statutory Language' 'offences Relating to Neglected Children']

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Procedural Posture

Application for Special Leave to Appeal / Appeal From the Full Court of the Supreme Court of Western Australia

Legal Issues

  1. 1 ['Whether s. 137(1) of the Child Welfare Act 1947 creates an offence where the child in question has not committed an offence' 'Whether person can be convicted for contributing to a child becoming a neglected child absent commission of an offence by the child']

Ratio Decidendi

Section 137(1) of the Child Welfare Act 1947 creates offences only in cases where the child in question has committed an offence. The language 'the child' and 'such child' are referential to the child already mentioned, i.e., the child who has committed an offence, and cannot be read as 'a child' or 'any child'. Thus, a person cannot be convicted under s. 137(1) on the basis of contribution to a child becoming neglected absent the child's commission of an offence.

Court Disposition

Appeal allowed

Orders

  • ['Special leave to appeal granted' 'Appeal allowed with costs' 'Order of Supreme Court, except in relation to costs, discharged' 'Order of special magistrate restored']