McDonnell v Smith [1918] HCA 26

McDonnell v Smith [1918] HCA 26

The consent prescribed by section 6, sub-section 3a of the War Precautions Act 1914-1916 must be given before any prosecution is initiated; this occurs upon the laying of the information, and as it was not done here, the conviction cannot stand.

Parties
Appellant: John Percy McDonnell; Respondent: William Henry Smith
Jurisdiction
Australia
Judgment Date
03 May 1918
Procedural Posture
Appeal / On Appeal From Supreme Court of New South Wales, Final Judgment by High Court
Outcome
appeal dismissed with costs
Legal Topics
Consent to Prosecution, Summary Prosecution, War Precautions Act Requirements
Criminal Law Statutory Interpretation Consent to Prosecution Summary Prosecution War Precautions Act Requirements

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 2 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

John Percy McDonnell

Appellant

William Henry Smith

Respondent

Procedural Posture

Appeal / On Appeal From Supreme Court of New South Wales, Final Judgment by High Court

Legal Issues

  1. 1 Whether the consent required by section 6, sub-section 3a, of the War Precautions Act 1914-1916 must be obtained before a prosecution is initiated

Ratio Decidendi

The consent prescribed by section 6, sub-section 3a of the War Precautions Act 1914-1916 must be given before any prosecution is initiated; this occurs upon the laying of the information, and as it was not done here, the conviction cannot stand.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.