Holland v Jones [1917] HCA 26

Holland v Jones [1917] HCA 26

The Court may take judicial notice of the identity and official signature of the Minister for Defence where the document appears to be official and no evidence disproves its genuineness. The printing and distribution of leaflets likely to prejudice recruiting constitute the offence, and Holland's close connection and involvement support the inference he abetted in making the statements.

Parties
Appellant: Frederick A. Holland; Appellant: Norman C. Anderson; Informant: William Percival Jones; Non Party Signatory: G. F. Pearce (Minister for Defence)
Jurisdiction
Australia
Judgment Date
13 June 1917
Procedural Posture
Criminal / Appeal From a Court of Petty Sessions of Victoria, Order to Review
Outcome
Appeal dismissed with costs.
Legal Topics
Judicial Notice, War Precautions, Evidence of Official Consent, Abetting, Distribution of Pamphlets
Criminal Law War Precautions Evidence Judicial Notice Evidence of Official Consent Abetting Distribution of Pamphlets

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Parties

Frederick A. Holland

Appellant

Norman C. Anderson

Appellant

William Percival Jones

Informant

G. F. Pearce (Minister for Defence)

Non Party Signatory

Procedural Posture

Criminal / Appeal From a Court of Petty Sessions of Victoria, Order to Review

Legal Issues

  1. 1 Whether the written consent of the Minister for Defence to the prosecution was properly proved
  2. 2 Whether Holland abetted the making of statements likely to prejudice the recruiting of His Majesty's Forces

Ratio Decidendi

The Court may take judicial notice of the identity and official signature of the Minister for Defence where the document appears to be official and no evidence disproves its genuineness. The printing and distribution of leaflets likely to prejudice recruiting constitute the offence, and Holland's close connection and involvement support the inference he abetted in making the statements.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.