MacDonald v Beare [1904] HCA 22

MacDonald v Beare [1904] HCA 22

There is nothing in the Games, Wagers and Betting Houses Act 1902 (NSW) to require that a special warrant be addressed to a named constable; warrants addressed to members of the police force generally are valid under the common law and were not altered by the Act.

Parties
Appellant: MacDonald; Respondent: Beare
Jurisdiction
Australia
Judgment Date
02 September 1904
Procedural Posture
Criminal Appeal (statutory Interpretation) / Appeal From Supreme Court of New South Wales to High Court of Australia
Outcome
Appeal allowed
Legal Topics
Search and Seizure, Form and Validity of Warrants, Interpretation of Statutory Warrant Requirements, Appeals From Magistrate to Supreme Court
Criminal Law Administrative Law Search and Seizure Form and Validity of Warrants Interpretation of Statutory Warrant Requirements Appeals From Magistrate to Supreme Court

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Parties

MacDonald

Appellant

Beare

Respondent

Procedural Posture

Criminal Appeal (statutory Interpretation) / Appeal From Supreme Court of New South Wales to High Court of Australia

Legal Issues

  1. 1 Whether a special warrant under section 4 of the Games, Wagers and Betting Houses Act 1902 (NSW) must be addressed to a constable by name or can be addressed to the police force generally
  2. 2 Whether the form in the schedule to the Act requires a named person

Ratio Decidendi

There is nothing in the Games, Wagers and Betting Houses Act 1902 (NSW) to require that a special warrant be addressed to a named constable; warrants addressed to members of the police force generally are valid under the common law and were not altered by the Act.

Court Disposition

Appeal allowed

Orders

  • Order of the Supreme Court discharged with costs
  • Case remitted to the magistrate for determination with the opinion of the High Court