Millard v R [1906] HCA 22

Millard v R [1906] HCA 22

Special leave to appeal in a criminal case was refused where the relevant point was not taken at trial, not reserved for consideration of the Supreme Court, nor argued before that Court, and the Court does not assume the functions of a general Court of appeal in criminal cases.

Parties
Applicant: Millard; Respondent: The King
Jurisdiction
Australia
Judgment Date
27 April 1906
Procedural Posture
Criminal Appeal / Application for Special Leave to Appeal
Outcome
leave refused
Legal Topics
Special Leave to Appeal, Felonious Intent, Larceny as a Bailee
Criminal Law Special Leave to Appeal Felonious Intent Larceny as a Bailee

Case Brief

Summary, issues, holding and outcome

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Parties

Millard

Applicant

The King

Respondent

Procedural Posture

Criminal Appeal / Application for Special Leave to Appeal

Legal Issues

  1. 1 Whether there was evidence of felonious intent to go to the jury
  2. 2 Whether the accused was a bailee of the money in question

Ratio Decidendi

Special leave to appeal in a criminal case was refused where the relevant point was not taken at trial, not reserved for consideration of the Supreme Court, nor argued before that Court, and the Court does not assume the functions of a general Court of appeal in criminal cases.

Court Disposition

leave refused

Orders

  • special leave to appeal refused