Guthrie v Herbert [1970] HCA 13

Guthrie v Herbert [1970] HCA 13

There is no point in granting special leave to appeal where the question is solely the meaning of the legislative words and there is no error in the conclusion that a publication emphasizing matters of sex falls within the statute.

Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal / Order
Outcome
Application for special leave to appeal refused with costs.
Legal Topics
['obscene Publication' 'statutory Interpretation' 'special Leave to Appeal']
['criminal Law'] ['obscene Publication' 'statutory Interpretation' 'special Leave to Appeal']

Case Brief

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Procedural Posture

Application for Special Leave to Appeal / Order

Legal Issues

  1. 1 ['Whether the Supreme Court of Queensland erred in its construction of the statutory definition of obscene publication in s. 2 of The Vagrants, Gaming and Other Offences Acts, 1931 to 1967 (Qld)' 'Whether there was any material before the magistrate on which he could find that the Aubrey Beardsley print emphasized matters of sex']

Ratio Decidendi

There is no point in granting special leave to appeal where the question is solely the meaning of the legislative words and there is no error in the conclusion that a publication emphasizing matters of sex falls within the statute.

Court Disposition

Application for special leave to appeal refused with costs.

Orders

  • ['Application for special leave to appeal refused with costs.']