May v O'Sullivan [1955] HCA 38

May v O'Sullivan [1955] HCA 38

Special leave was refused because the magistrate was entitled to accept the prosecution evidence and reject the defendant's evidence as to his movements, the acceptance of Miss Edge's evidence did not establish the defendant's alibi, and the magistrate's decision was not open to attack on the ground of any misapprehension as to the burden of proof.

Jurisdiction
Australia
Procedural Posture
Criminal Proceeding Arising From Convictions on Two Betting Charges / Application for Special Leave to Appeal to the High Court of Australia From Dismissal of Appeal by the Supreme Court of South Australia
Outcome
Special leave to appeal refused with costs.
Legal Topics
['burden of Proof in Criminal Cases' 'prima Facie Case' 'no Case to Answer' 'reasonable Doubt' 'special Leave to Appeal' 'summary Offences']
['criminal Law' 'criminal Procedure' 'evidence'] ['burden of Proof in Criminal Cases' 'prima Facie Case' 'no Case to Answer' 'reasonable Doubt' 'special Leave to Appeal' 'summary Offences']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Proceeding Arising From Convictions on Two Betting Charges / Application for Special Leave to Appeal to the High Court of Australia From Dismissal of Appeal by the Supreme Court of South Australia

Legal Issues

  1. 1 ['Whether special leave to appeal should be granted from the order of Abbott J dismissing the appeal against convictions on two betting charges.' "Whether the magistrate's findings were open to attack on the evidence, including evidence said to support an alibi." 'Whether there was any misapprehension as to the burden of proof in the criminal proceeding.' 'Whether a prima facie case or case to answer shifts the burden of proof to an accused person.']

Ratio Decidendi

Special leave was refused because the magistrate was entitled to accept the prosecution evidence and reject the defendant's evidence as to his movements, the acceptance of Miss Edge's evidence did not establish the defendant's alibi, and the magistrate's decision was not open to attack on the ground of any misapprehension as to the burden of proof.

Court Disposition

Special leave to appeal refused with costs.

Orders

  • ['Special leave to appeal refused with costs.']