Skinner v R [1913] HCA 32

Skinner v R [1913] HCA 32

The directions given to the jury as to the meaning of 'common prostitute' reflected the ordinary sense of the term and were not erroneous; the statutory requirement for shorthand notes is directory, not mandatory, and absence of such note does not vitiate the trial; the sentence imposed was not manifestly excessive; and thus there was no ground for interfering with the result below or granting special leave to appeal.

Parties
Appellant: Herbert James Edward Skinner; Respondent: The King
Jurisdiction
Australia
Judgment Date
17 June 1913
Procedural Posture
Criminal Appeal / Application for Special Leave to Appeal From Dismissal of Appeal by Supreme Court of New South Wales
Outcome
special leave to appeal refused
Legal Topics
Definition of 'common Prostitute', Sentencing Principles, Ground for Appeal Based on Procedural Irregularity (absence of Shorthand Note), Misdirection by Trial Judge
Criminal Law Definition of 'common Prostitute' Sentencing Principles Ground for Appeal Based on Procedural Irregularity (absence of Shorthand Note) Misdirection by Trial Judge

Case Brief

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Parties

Herbert James Edward Skinner

Appellant

The King

Respondent

Procedural Posture

Criminal Appeal / Application for Special Leave to Appeal From Dismissal of Appeal by Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the absence of a shorthand note at trial entitled the accused to have his conviction set aside
  2. 2 Whether the definition of 'common prostitute' given to the jury was correct in law
  3. 3 Whether the sentence imposed was manifestly excessive and thus open to appellate reduction

Ratio Decidendi

The directions given to the jury as to the meaning of 'common prostitute' reflected the ordinary sense of the term and were not erroneous; the statutory requirement for shorthand notes is directory, not mandatory, and absence of such note does not vitiate the trial; the sentence imposed was not manifestly excessive; and thus there was no ground for interfering with the result below or granting special leave to appeal.

Court Disposition

special leave to appeal refused

Orders

  • special leave to appeal refused