THE KING V. GILBEY

THE KING V. GILBEY

Possession of ration tickets with forged endorsements is not lawful under the Regulations. The requirements of the relevant regulations were not fulfilled, thus the appellant's possession was not authorised, and the conviction stands.

Parties
Appellant: The King; Defendant: Gilbey
Jurisdiction
Australia
Judgment Date
24 August 1945
Procedural Posture
Criminal / Appeal
Outcome
appeal dismissed with costs
Legal Topics
Possession of Ration Tickets, Forgery, National Security (liquid Fuel) Regulations, Interpretation of Regulations
Criminal Law Administrative Law Possession of Ration Tickets Forgery National Security (liquid Fuel) Regulations Interpretation of Regulations

Case Brief

Summary, issues, holding and outcome

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Parties

The King

Appellant

Gilbey

Defendant

Procedural Posture

Criminal / Appeal

Legal Issues

  1. 1 Whether the possession of ration tickets with forged endorsements is permitted under the National Security (Liquid Fuel) Regulations
  2. 2 Whether the appellant's possession of ration tickets was 'in accordance with the Regulations'
  3. 3 Whether a charge should have been brought under a different regulation

Ratio Decidendi

Possession of ration tickets with forged endorsements is not lawful under the Regulations. The requirements of the relevant regulations were not fulfilled, thus the appellant's possession was not authorised, and the conviction stands.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.