Griffin v Wilson [1935] HCA 16

Griffin v Wilson [1935] HCA 16

Since s. 5(3) does not apply to offences under s. 7 of the Immigration Act 1901-1933, and there was insufficient evidence of the necessary elements of the s. 7 offence, the conviction cannot stand and must be quashed.

Parties
Applicant: Gerald Griffin; Respondents: Richard William Wilson and Another
Jurisdiction
Australia
Procedural Posture
Application for Removal of Cause (criminal/immigration) / Appeal by Way of Case Stated From Supreme Court of New South Wales; Hearing of Question in High Court After Removal Under Sec. 40 Judiciary Act
Outcome
Appeal allowed; conviction quashed
Legal Topics
Dictation Test, Burden of Proof, Averments in Information, Interpretation of Immigration Act Provisions
Immigration Law Criminal Law Constitutional Law Dictation Test Burden of Proof Averments in Information Interpretation of Immigration Act Provisions

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Parties

Gerald Griffin

Applicant

Richard William Wilson and Another

Respondents

Procedural Posture

Application for Removal of Cause (criminal/immigration) / Appeal by Way of Case Stated From Supreme Court of New South Wales; Hearing of Question in High Court After Removal Under Sec. 40 Judiciary Act

Legal Issues

  1. 1 Do the evidentiary (averment) provisions of s. 5(3) Immigration Act 1901-1933 apply to prosecutions under s. 7 of the Act?
  2. 2 Was there evidence to establish the elements of the offence under s. 7?
  3. 3 Does failure to pass the dictation test, without opportunity to voluntarily leave, support conviction and imprisonment under the Act's powers?

Ratio Decidendi

Since s. 5(3) does not apply to offences under s. 7 of the Immigration Act 1901-1933, and there was insufficient evidence of the necessary elements of the s. 7 offence, the conviction cannot stand and must be quashed.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • Conviction quashed
  • Respondent to pay the costs of applicant in this Court and the Courts below