Jackson v Horne [1965] HCA 44

Jackson v Horne [1965] HCA 44

The journey from Tweed Heads in New South Wales to Aramac in Queensland was a discrete inter-State transportation operation protected by s. 92 of the Constitution; therefore, s. 49 of The State Transport Act did not apply, and the appellant could not be convicted as procuring the commission of an offence where none was committed.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
['inter State Trade' 'application of Section 92 of the Constitution' 'criminal Liability for Use of Vehicle Without Permit']
['constitutional Law' 'transport Law'] ['inter State Trade' 'application of Section 92 of the Constitution' 'criminal Liability for Use of Vehicle Without Permit']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the use of a vehicle for the carriage of goods from Tweed Heads to Aramac without a permit constituted an offence under s. 49 of The State Transport Act of 1960 Q., given the protection afforded by s. 92 of the Constitution' 'Whether the appellant could be convicted as an accessory under s. 7 of The Criminal Code Q.']

Ratio Decidendi

The journey from Tweed Heads in New South Wales to Aramac in Queensland was a discrete inter-State transportation operation protected by s. 92 of the Constitution; therefore, s. 49 of The State Transport Act did not apply, and the appellant could not be convicted as procuring the commission of an offence where none was committed.

Court Disposition

appeal allowed

Orders

  • ['conviction and orders of the magistrate set aside' 'complaint dismissed' 'costs awarded to appellant']