Prior v Sherwood [1906] HCA 29

Prior v Sherwood [1906] HCA 29

To constitute an offence under the Games, Wagers and Betting Houses Act 1902 (NSW), the accused must use or occupy a place in a manner akin to a house, room, or office; mere habitual standing in a public lane does not amount to use of a 'place' for betting, absent a defined area exclusively occupied or marked off for that purpose.

Parties
Appellant: Prior; Respondent: Sherwood
Jurisdiction
Australia
Judgment Date
15 May 1906
Procedural Posture
Appeal / Final Appellate Decision From High Court of Australia on Appeal From the Supreme Court of New South Wales
Outcome
Appeal allowed. Order of Supreme Court discharged. Magistrate's dismissal restored. Respondent to pay costs of appeal and motion to rescind.
Legal Topics
Gaming and Wagering, Betting Houses, Penal Statute Construction, Ejusdem Generis Rule
Criminal Law Statutory Interpretation Gaming and Wagering Betting Houses Penal Statute Construction Ejusdem Generis Rule

Case Brief

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Parties

Prior

Appellant

Sherwood

Respondent

Procedural Posture

Appeal / Final Appellate Decision From High Court of Australia on Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 What constitutes a 'place' used for betting under the Games, Wagers and Betting Houses Act 1902 (NSW), secs. 17, 19?
  2. 2 Whether standing habitually in a public lane for the purpose of betting equates to using a 'place' within that statutory meaning

Ratio Decidendi

To constitute an offence under the Games, Wagers and Betting Houses Act 1902 (NSW), the accused must use or occupy a place in a manner akin to a house, room, or office; mere habitual standing in a public lane does not amount to use of a 'place' for betting, absent a defined area exclusively occupied or marked off for that purpose.

Court Disposition

Appeal allowed. Order of Supreme Court discharged. Magistrate's dismissal restored. Respondent to pay costs of appeal and motion to rescind.

Orders

  • Appeal allowed
  • Order appealed from discharged