Walsh v Doherty [1907] HCA 51

Walsh v Doherty [1907] HCA 51

The requirement in s.25 of the Liquor Act 1886 (Qld) that notice in writing of the intended prosecution be given to the person intended to be prosecuted is not satisfied by service of notice after the complaint has been laid. The prosecution is instituted once the complaint is lodged, and the statutory condition precedent was not met; therefore, the conviction could not stand.

Parties
Appellant: Margaret Walsh; Respondent: Thomas Doherty
Jurisdiction
Australia
Judgment Date
08 October 1907
Procedural Posture
Appeal / High Court Appeal Via Special Leave From Supreme Court of Queensland
Outcome
appeal allowed
Legal Topics
Notice of Prosecution, Statutory Interpretation, Liquor Licensing
Criminal Law Licensing Law Notice of Prosecution Statutory Interpretation Liquor Licensing

Case Brief

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Parties

Margaret Walsh

Appellant

Thomas Doherty

Respondent

Procedural Posture

Appeal / High Court Appeal Via Special Leave From Supreme Court of Queensland

Legal Issues

  1. 1 Whether service of notice of intended prosecution after lodging the complaint satisfies s.25 of the Liquor Act 1886 (Qld)

Ratio Decidendi

The requirement in s.25 of the Liquor Act 1886 (Qld) that notice in writing of the intended prosecution be given to the person intended to be prosecuted is not satisfied by service of notice after the complaint has been laid. The prosecution is instituted once the complaint is lodged, and the statutory condition precedent was not met; therefore, the conviction could not stand.

Court Disposition

appeal allowed

Orders

  • order appealed from discharged
  • order to quash conviction made absolute with costs