O'Sullivan v Collis [1913] HCA 3

O'Sullivan v Collis [1913] HCA 3

The police magistrate had sufficient evidence to warrant conviction for conducting a lottery under the Suppression of Gambling Act, and registration as a building society did not protect the accused from criminal responsibility.

Parties
Applicant: O'Sullivan; Respondent: Collis
Jurisdiction
Australia
Judgment Date
17 February 1913
Procedural Posture
Application for Special Leave to Appeal / Application for Special Leave to Appeal—decision on Leave
Outcome
leave to appeal refused
Legal Topics
Lottery, Building Societies, Mens Rea
Criminal Law Gambling Law Lottery Building Societies Mens Rea

Case Brief

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Parties

O'Sullivan

Applicant

Collis

Respondent

Procedural Posture

Application for Special Leave to Appeal / Application for Special Leave to Appeal—decision on Leave

Legal Issues

  1. 1 Whether the activities of the Speedy Home Building Society constituted the unlawful conduct of a lottery under the Suppression of Gambling Act of 1895 (Qd.)
  2. 2 Whether registration as a building society and society rules provided a lawful defence
  3. 3 Whether absence of mens rea excused criminal conduct

Ratio Decidendi

The police magistrate had sufficient evidence to warrant conviction for conducting a lottery under the Suppression of Gambling Act, and registration as a building society did not protect the accused from criminal responsibility.

Court Disposition

leave to appeal refused

Orders

  • Leave to appeal from the Supreme Court refused