Commissioner for Railways (NSW) v Pitman [1936] HCA 61

Commissioner for Railways (NSW) v Pitman [1936] HCA 61

On an equally divided High Court (2:2), the decision below stands; conviction of larceny summarily under section 501 (with goods under £10) is not conviction of a felony within section 80 of the Government Railways Act. The classification as felony depends on the punishment the offender is liable to upon conviction, not on the abstract nature of the offence; summary disposal limits punishment, thus no felony conviction arises for employment forfeiture.

Parties
Defendant: Commissioner for Railways (N.S.W.); Plaintiff: George Pitman
Jurisdiction
Australia
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales; Disposition of Appeal by Equally Divided High Court
Outcome
appeal dismissed
Legal Topics
Felony Definition, Larceny, Summary Conviction, Public Service Employment Consequences
Criminal Law Employment Law Statutory Interpretation Felony Definition Larceny Summary Conviction Public Service Employment Consequences

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Parties

Commissioner for Railways (N.S.W.)

Defendant

George Pitman

Plaintiff

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales; Disposition of Appeal by Equally Divided High Court

Legal Issues

  1. 1 Whether a summary conviction of larceny under section 501 of the Crimes Act constituted conviction of a felony within section 80 of the Government Railways Act 1912-1930 (N.S.W.)

Ratio Decidendi

On an equally divided High Court (2:2), the decision below stands; conviction of larceny summarily under section 501 (with goods under £10) is not conviction of a felony within section 80 of the Government Railways Act. The classification as felony depends on the punishment the offender is liable to upon conviction, not on the abstract nature of the offence; summary disposal limits punishment, thus no felony conviction arises for employment forfeiture.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs