Charles v Grierson [1908] HCA 66

Charles v Grierson [1908] HCA 66

A person found on licensed premises at a time when they should not be open for the sale of liquor who entered for the purpose of obtaining liquor, even unsuccessfully, is present in contravention of the Act and liable to penalty unless lawful excuse is shown.

Parties
Appellant: John Charles; Respondent: James Grierson
Jurisdiction
Australia
Judgment Date
21 October 1908
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Licensing, Statutory Interpretation
Criminal Law Licensing Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

John Charles

Appellant

James Grierson

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Interpretation of 'in contravention of the provisions of this Act' under sec. 76(2) of the Licensing Act 1906 (Vic.)
  2. 2 Liability for presence on licensed premises during prohibited hours

Ratio Decidendi

A person found on licensed premises at a time when they should not be open for the sale of liquor who entered for the purpose of obtaining liquor, even unsuccessfully, is present in contravention of the Act and liable to penalty unless lawful excuse is shown.

Court Disposition

Appeal allowed

Orders

  • Order appealed from discharged
  • Order nisi discharged with costs