Quan Yick v Hinds [1905] HCA 10

Quan Yick v Hinds [1905] HCA 10

The provisions of the Imperial Acts 4 Geo. IV. c. 60 s. 41 and 5 Geo. IV. c. 83 (and in particular s. 21) as to summary proceedings before justices for selling lottery tickets were not suitable or capable of application in New South Wales in 1828 because the essential machinery did not exist (particularly, absence of Quarter Sessions for appeals) and the subject was later covered by specific local legislation; therefore these provisions are not in force in New South Wales.

Parties
Appellant: Quan Yick; Respondent: Victor Hinds
Jurisdiction
Australia
Judgment Date
10 April 1905
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales
Outcome
appeal allowed
Legal Topics
Imperial Statutes in Colonies, Application of English Law in Australia, Lotteries—prohibition and Punishment, Vagrancy Laws, Procedural Rights in Criminal Justice
Criminal Law Statutory Interpretation Colonial Law Imperial Statutes in Colonies Application of English Law in Australia Lotteries—prohibition and Punishment Vagrancy Laws Procedural Rights in Criminal Justice

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 4 Authorities cited 23 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Quan Yick

Appellant

Victor Hinds

Respondent

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the Imperial Act 4 Geo. IV c. 60 (and specified sections) is in force in New South Wales by virtue of 9 Geo. IV. c. 83.
  2. 2 Whether the punishment and procedural provisions of the English statutes are applicable and capable of being reasonably applied in New South Wales as of 1828.

Ratio Decidendi

The provisions of the Imperial Acts 4 Geo. IV. c. 60 s. 41 and 5 Geo. IV. c. 83 (and in particular s. 21) as to summary proceedings before justices for selling lottery tickets were not suitable or capable of application in New South Wales in 1828 because the essential machinery did not exist (particularly, absence of Quarter Sessions for appeals) and the subject was later covered by specific local legislation; therefore these provisions are not in force in New South Wales.

Court Disposition

appeal allowed

Orders

  • Judgment of Pring J. set aside.
  • Order that the charge be dismissed.