Hansen v Archdall and Smith [1930] HCA 16

Hansen v Archdall and Smith [1930] HCA 16

The majority held that sec. 3 of the Vagrant Act 1851 (Q.) encompasses cases where, by false or fraudulent representation, a person dishonestly seeks to obtain money or benefit from any charitable institution or private individual, and that the section is not limited to cases involving charity. Fortune-telling, if dishonestly made and with intent to obtain money, is an offence under the section.

Parties
Appellant: Margaret Hansen; Respondents: Archdall and Smith
Jurisdiction
Australia
Procedural Posture
Criminal Appeal / Appeal From Supreme Court of Queensland (full Court) to High Court of Australia
Outcome
appeal dismissed
Legal Topics
Vagrancy, Fortune Telling, Statutory Interpretation, False Representation
Criminal Law Vagrancy Fortune Telling Statutory Interpretation False Representation

Case Brief

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Parties

Margaret Hansen

Appellant

Archdall and Smith

Respondents

Procedural Posture

Criminal Appeal / Appeal From Supreme Court of Queensland (full Court) to High Court of Australia

Legal Issues

  1. 1 Whether fortune-telling, if dishonestly made, constitutes an offence under sec. 3 of the Vagrant Act 1851 (Q.)
  2. 2 Whether the section is limited to impositions involving charity
  3. 3 The proper construction of 'imposing upon any charitable institution or private individual by any false or fraudulent representation' in sec. 3 of the Vagrant Act 1851

Ratio Decidendi

The majority held that sec. 3 of the Vagrant Act 1851 (Q.) encompasses cases where, by false or fraudulent representation, a person dishonestly seeks to obtain money or benefit from any charitable institution or private individual, and that the section is not limited to cases involving charity. Fortune-telling, if dishonestly made and with intent to obtain money, is an offence under the section.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.