Bishop v Chung Brothers [1907] HCA 23

Bishop v Chung Brothers [1907] HCA 23

While the information may be properly laid against a firm name under sec. 162(c), conviction must be against the individual members who have been proved to be guilty of the offence; the Supreme Court should have remitted the case to the justices to convict the persons shown by evidence to be members of the firm.

Parties
Informant: Albert A. Bishop; Defendants: Chung Brothers
Jurisdiction
Australia
Judgment Date
24 June 1907
Procedural Posture
Criminal Appeal / On Appeal From Supreme Court of Victoria
Outcome
appeal allowed
Legal Topics
Prosecution Under Firm Name, Factories and Shops Act Offences, Procedural Requirements for Informations
Criminal Law Statutory Interpretation Industrial Law Prosecution Under Firm Name Factories and Shops Act Offences Procedural Requirements for Informations

Case Brief

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Parties

Albert A. Bishop

Informant

Chung Brothers

Defendants

Procedural Posture

Criminal Appeal / On Appeal From Supreme Court of Victoria

Legal Issues

  1. 1 Whether a firm can be prosecuted and convicted under its firm name for an offence under the Factories and Shops Act 1905
  2. 2 Whether conviction should be of the firm or of individual members
  3. 3 Procedural sufficiency of stating the firm name in information and conviction

Ratio Decidendi

While the information may be properly laid against a firm name under sec. 162(c), conviction must be against the individual members who have been proved to be guilty of the offence; the Supreme Court should have remitted the case to the justices to convict the persons shown by evidence to be members of the firm.

Court Disposition

appeal allowed

Orders

  • Order nisi to review conviction discharged
  • Case remitted to justices to convict individuals shown by evidence to be members of Chung Brothers