Moss and Phillips v Donohoe [1915] HCA 62

Moss and Phillips v Donohoe [1915] HCA 62

Appellants' cablegram was an attempt to obtain goods from an enemy country, as they knew goods were located in Hamburg and expected them to be brought to Australia. Such attempt fell within the meaning of 'trading with the enemy' under the Trading with the Enemy Acts 1914 and Imperial Proclamation and was punishable summarily under those provisions.

Parties
Appellant: Laurence Edward Moss; Appellant: Lawrance David Phillips; Respondent: John Thomas Tamplin Donohoe; Informant: John Thomas Tamplin Donohoe
Jurisdiction
Australia
Judgment Date
17 September 1915
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Trading With the Enemy, Attempted Offences, Summary Conviction
Criminal Law International Law Trading With the Enemy Attempted Offences Summary Conviction

Case Brief

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Parties

Laurence Edward Moss

Appellant

Lawrance David Phillips

Appellant

John Thomas Tamplin Donohoe

Respondent

John Thomas Tamplin Donohoe

Informant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether an attempt by cablegram to obtain goods from an enemy country constitutes trading with the enemy under the Trading with the Enemy Acts 1914 and Imperial Proclamation
  2. 2 Interpretation of 'trading with the enemy' when contracting with a neutral for goods located in enemy territory
  3. 3 Applicability of summary conviction for such attempts

Ratio Decidendi

Appellants' cablegram was an attempt to obtain goods from an enemy country, as they knew goods were located in Hamburg and expected them to be brought to Australia. Such attempt fell within the meaning of 'trading with the enemy' under the Trading with the Enemy Acts 1914 and Imperial Proclamation and was punishable summarily under those provisions.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.