R v Martin [1939] HCA 39

R v Martin [1939] HCA 39

The provisions of sec. 21 of the Lotteries and Art Unions Act 1901-1929 (N.S.W.) do not contravene sec. 92 of the Constitution because their application is based on the gambling nature of the transaction and not on its inter-State character. The legislation suppresses lotteries uniformly apart from specific exceptions. Thus, acceptance of money in New South Wales for a Tasmanian lottery ticket is penalized validly.

Parties
Prosecutor: The King; Informant: Harold James Martin; Defendant: Victor Aubrey Wawn; Intervener: State of New South Wales
Jurisdiction
Australia
Procedural Posture
Criminal / Appeal
Outcome
appeal dismissed
Legal Topics
Inter State Trade, Freedom of Intercourse, Lottery Legislation, Conflict of Laws
Constitutional Law Criminal Law Inter State Trade Freedom of Intercourse Lottery Legislation Conflict of Laws

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Parties

The King

Prosecutor

Harold James Martin

Informant

Victor Aubrey Wawn

Defendant

State of New South Wales

Intervener

Procedural Posture

Criminal / Appeal

Legal Issues

  1. 1 Whether s. 21 of the Lotteries and Art Unions Act 1901-1929 (N.S.W.) contravenes s. 92 of the Constitution by prohibiting acceptance of monies for purchase of tickets in lawfully conducted foreign lotteries.
  2. 2 Whether the legislation discriminates against inter-State trade or commerce.
  3. 3 Whether suppression of lotteries uniformly operates regardless of inter-State or domestic character.

Ratio Decidendi

The provisions of sec. 21 of the Lotteries and Art Unions Act 1901-1929 (N.S.W.) do not contravene sec. 92 of the Constitution because their application is based on the gambling nature of the transaction and not on its inter-State character. The legislation suppresses lotteries uniformly apart from specific exceptions. Thus, acceptance of money in New South Wales for a Tasmanian lottery ticket is penalized validly.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.
  • Order nisi discharged.