R v Wayne Alfred CARR [2017] NSWLC 21

R v Wayne Alfred CARR [2017] NSWLC 21

Mr Carr failed to establish that he truly held a religious duty not to vote; his written explanation to the AEC was wholly political, lacking reference to religious belief. Matters of conscience, whether moral, political, or religious, do not constitute a valid and sufficient reason for failing to vote under the Commonwealth Electoral Act, and do not absolve the legal obligation to vote; both defences fail.

Jurisdiction
Australia
Judgment Date
22 December 2017
Procedural Posture
Criminal / Trial
Outcome
conviction
Legal Topics
['compulsory Voting' 'religious Exception' 'conscientious Objection']
['criminal Law'] ['compulsory Voting' 'religious Exception' 'conscientious Objection']

Case Brief

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Procedural Posture

Criminal / Trial

Legal Issues

  1. 1 ['Whether the defendant had a valid and sufficient reason, within the meaning of the Commonwealth Electoral Act 1918 (Cth) s 245(14) and/or s 245(15B), for failing to vote in the 2016 Federal election']

Ratio Decidendi

Mr Carr failed to establish that he truly held a religious duty not to vote; his written explanation to the AEC was wholly political, lacking reference to religious belief. Matters of conscience, whether moral, political, or religious, do not constitute a valid and sufficient reason for failing to vote under the Commonwealth Electoral Act, and do not absolve the legal obligation to vote; both defences fail.

Court Disposition

conviction

Orders

  • ['Mr Carr is convicted for the offence of failing to vote under s 245(15) of the Commonwealth Electoral Act 1918 (Cth).']