Lilliecrap v R [1905] HCA 30

Lilliecrap v R [1905] HCA 30

The verdict of 'illegally using' was a substantially accurate description of the offence defined in sec. 131 of the Crimes Act 1900 (NSW), and common usage of those words suffices for a valid conviction.

Parties
Applicant: Lilliecrap and another; Respondent: The King
Jurisdiction
Australia
Judgment Date
04 September 1905
Procedural Posture
Application for Special Leave to Appeal / High Court Application for Special Leave to Appeal
Outcome
Special leave to appeal refused
Legal Topics
Cattle Stealing, Illegal Use of Property, Verdict Formulation
Criminal Law Cattle Stealing Illegal Use of Property Verdict Formulation

Case Brief

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Parties

Lilliecrap and another

Applicant

The King

Respondent

Procedural Posture

Application for Special Leave to Appeal / High Court Application for Special Leave to Appeal

Legal Issues

  1. 1 Whether a verdict returned by the jury in terms not precisely matching the statute is valid for an offence under sec. 131 of the Crimes Act 1900 (NSW)

Ratio Decidendi

The verdict of 'illegally using' was a substantially accurate description of the offence defined in sec. 131 of the Crimes Act 1900 (NSW), and common usage of those words suffices for a valid conviction.

Court Disposition

Special leave to appeal refused

Orders

  • Special leave to appeal from the decision of the Supreme Court refused