Waterhouse v R [1911] HCA 20

A person without a certificate may have a property right in opium sufficient for it to be the subject of larceny, notwithstanding statutory prohibitions on possession.

Source-derived case information.

Parties: Applicant: Oswald Victor Waterhouse; Respondent: The King
Jurisdiction: Australia
Judgment Date: 01 June 1911
Procedural Posture: Application for Special Leave to Appeal / High Court Application for Special Leave From Supreme Court of New South Wales Decision
Outcome: special leave to appeal refused
Legal Topics: Larceny, Possession of Opium, Prohibited Substances

Criminal Law Larceny Possession of Opium Prohibited Substances

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 7 Party arguments 1

Parties

Oswald Victor Waterhouse

Applicant

The King

Respondent

Procedural Posture

Application for Special Leave to Appeal / High Court Application for Special Leave From Supreme Court of New South Wales Decision

Legal Issues

1 Whether opium, the possession of which is prohibited without a certificate, can be the subject of larceny

Ratio Decidendi

A person without a certificate may have a property right in opium sufficient for it to be the subject of larceny, notwithstanding statutory prohibitions on possession.

Court Disposition

special leave to appeal refused

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