Ofu-Koloi v The Queen [1956] HCA 64
The term 'European girl' in the ordinance is to be determined by accepted vernacular usage and the evidence proved beyond reasonable doubt that the complainant was of European descent; therefore, the trial judge was correct in both fact and law to find the element satisfied.
- Jurisdiction
- Australia
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed
- Legal Topics
- ['racial Classification' 'statutory Interpretation' 'evidence']
Case Brief
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Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 ["Whether the complainant was a 'European girl' under s. 5(2) of the White Women's Protection Ordinance 1926-1934 (Papua)" 'How courts should determine racial classification in applying the ordinance.']
Ratio Decidendi
The term 'European girl' in the ordinance is to be determined by accepted vernacular usage and the evidence proved beyond reasonable doubt that the complainant was of European descent; therefore, the trial judge was correct in both fact and law to find the element satisfied.
Court Disposition
appeal dismissed
Orders
- ['appeal dismissed']
Full Case Text
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