Samuels v Bosch [1972] HCA 46

Samuels v Bosch [1972] HCA 46

Premises to which people of opposite sexes resort for the purpose of prostitution fall within the statutory definition of a 'brothel' in s. 27 of the Police Offences Act, 1953-1967 (SA), even where sexual intercourse does not occur on those premises. Arrangements for prostitution made on the premises suffice.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Appellate (high Court Decision)
Outcome
Appeal allowed.
Legal Topics
['definition of Brothel' 'prostitution Offences' 'statutory Interpretation']
['criminal Law'] ['definition of Brothel' 'prostitution Offences' 'statutory Interpretation']

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Procedural Posture

Appeal / Final Appellate (high Court Decision)

Legal Issues

  1. 1 ["Does the definition of 'brothel' in s. 27 of the Police Offences Act, 1953-1967 (SA) require that sexual intercourse occur on the premises?" 'Is it sufficient under s. 27 for men and women to resort to premises for the purpose of arranging prostitution, even if sexual acts take place elsewhere?']

Ratio Decidendi

Premises to which people of opposite sexes resort for the purpose of prostitution fall within the statutory definition of a 'brothel' in s. 27 of the Police Offences Act, 1953-1967 (SA), even where sexual intercourse does not occur on those premises. Arrangements for prostitution made on the premises suffice.

Court Disposition

Appeal allowed.

Orders

  • ['Order of the Full Court of the Supreme Court of South Australia set aside.' 'Order that the appeal to that Court be dismissed with costs.']