O'Sullivan v Reedy [1953] HCA 36

O'Sullivan v Reedy [1953] HCA 36

A complaint that alleges property 'might have been reasonably suspected' is insufficient; an actual and concrete suspicion held on reasonable grounds by a particular person prior to the charge must be alleged and proved. Special leave to appeal was refused as this allegation was not made and the Full Court's interpretation was affirmed.

Parties
Applicant: Thomas O'Sullivan; Respondent: Wilfred Charles Reedy
Jurisdiction
Australia
Judgment Date
15 June 1953
Procedural Posture
Application for Special Leave to Appeal (criminal/prosecution) / Determination of Special Leave to Appeal by High Court
Outcome
Special leave to appeal refused.
Legal Topics
Statutory Construction, Pleading Requirements, Criminal Procedure
Criminal Law Statutory Construction Pleading Requirements Criminal Procedure

Case Brief

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Parties

Thomas O'Sullivan

Applicant

Wilfred Charles Reedy

Respondent

Procedural Posture

Application for Special Leave to Appeal (criminal/prosecution) / Determination of Special Leave to Appeal by High Court

Legal Issues

  1. 1 Whether, under s. 93(1) of the Police Act 1936-1951 (SA), it is a necessary ingredient of the offence that a concrete suspicion was actually held by someone at a particular time, and whether the complaint properly alleged such suspicion.

Ratio Decidendi

A complaint that alleges property 'might have been reasonably suspected' is insufficient; an actual and concrete suspicion held on reasonable grounds by a particular person prior to the charge must be alleged and proved. Special leave to appeal was refused as this allegation was not made and the Full Court's interpretation was affirmed.

Court Disposition

Special leave to appeal refused.

Orders

  • Application for special leave to appeal refused.