Hough v Ah Sam [1912] HCA 78
Statements made by the accused in response to questions from customs officers, in the absence of threat or inducement, are admissible as evidence, and, in conjunction with the other circumstances, form sufficient evidence for the magistrate to be justified in finding that the opium was imported in contravention of the Customs Act.
- Parties
- Appellant: Hover; Respondent: Ah Sam
- Jurisdiction
- Australia
- Judgment Date
- 08 November 1912
- Procedural Posture
- Criminal Appeal / Appeal to High Court of Australia From Supreme Court of Western Australia
- Outcome
- appeal allowed
- Legal Topics
- Admissibility of Evidence, Confessions, Prohibited Imports, Onus of Proof, Possession Offences
Case Brief
Summary, issues, holding and outcome
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Parties
Hover
Appellant
Ah Sam
Respondent
Procedural Posture
Criminal Appeal / Appeal to High Court of Australia From Supreme Court of Western Australia
Legal Issues
- 1 Whether answers provided by the accused to questions from customs officers are admissible as evidence at trial
- 2 Whether there was sufficient evidence of importation of prohibited goods under the Customs Act 1901-1910
Ratio Decidendi
Statements made by the accused in response to questions from customs officers, in the absence of threat or inducement, are admissible as evidence, and, in conjunction with the other circumstances, form sufficient evidence for the magistrate to be justified in finding that the opium was imported in contravention of the Customs Act.
Court Disposition
appeal allowed
Orders
- Order of the Supreme Court of Western Australia quashing the conviction is discharged.
- Appeal to the Supreme Court is dismissed.
Full Case Text
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