Behsman v Ansell [1957] HCA 79

Behsman v Ansell [1957] HCA 79

The children's court that tried the appellant was not validly constituted, as required appointments under s.19(1) of the Child Welfare Act were not made by reference to particular persons but to an ambulatory class, which is not supported by the statute. Further, the crime of incest under s.197 Criminal Code (WA) is not, in this legislative context, an offence 'against' a child so as to permit summary disposal in the children's court. Accordingly, the conviction and sentence are invalid and must be quashed.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / High Court Special Leave/appeal
Outcome
Appeal allowed
Legal Topics
["children's Courts" 'incest' 'jurisdiction of Courts' 'summary Proceedings']
['criminal Law' 'jurisdiction'] ["children's Courts" 'incest' 'jurisdiction of Courts' 'summary Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / High Court Special Leave/appeal

Legal Issues

  1. 1 ["Whether the children's court was validly constituted under s.19 of the Child Welfare Act 1947-1955 (WA)" "Whether the children's court had jurisdiction to hear a charge of incest as an offence 'against' a child under s.20(a) of the Act" 'Whether the appellant was properly deprived of his right to jury trial for an indictable offence']

Ratio Decidendi

The children's court that tried the appellant was not validly constituted, as required appointments under s.19(1) of the Child Welfare Act were not made by reference to particular persons but to an ambulatory class, which is not supported by the statute. Further, the crime of incest under s.197 Criminal Code (WA) is not, in this legislative context, an offence 'against' a child so as to permit summary disposal in the children's court. Accordingly, the conviction and sentence are invalid and must be quashed.

Court Disposition

Appeal allowed

Orders

  • ['Special leave to appeal granted.' 'Hearing of applications treated as hearing of appeals.' 'Appeals allowed.' 'Orders of the Supreme Court discharged.' "Appellant's appeal to the Supreme Court from his conviction and sentence allowed." 'Conviction and sentence quashed.']