Marks v R [1937] HCA 21

Marks v R [1937] HCA 21

Convictions quashed because (1) the charge of failing to keep proper books of account covered a period beginning more than three years before the proceedings and was thus statute-barred; (2) the charge of contributing to bankruptcy by gambling was not proved on the evidence; (3) procedural requirements for summary trial under the Act were not met.

Parties
Appellant: William Henry John Marks; Respondent: The King
Jurisdiction
Australia
Procedural Posture
Criminal Appeal (bankruptcy) / Appeal From Court of Bankruptcy to High Court of Australia
Outcome
Appeal allowed; convictions set aside.
Legal Topics
Bankruptcy Offences, Books of Account, Limitation Periods, Summary Procedure, Gambling and Bankruptcy
Bankruptcy Criminal Law Bankruptcy Offences Books of Account Limitation Periods Summary Procedure Gambling and Bankruptcy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 20 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

William Henry John Marks

Appellant

The King

Respondent

Procedural Posture

Criminal Appeal (bankruptcy) / Appeal From Court of Bankruptcy to High Court of Australia

Legal Issues

  1. 1 Whether conviction for failure to keep proper books of account under Bankruptcy Act 1924-1933, s 209(g), was statute-barred by limitation in s 219(2)
  2. 2 Whether conviction on charge of contributing to bankruptcy by gambling under s 214 was supported by adequate evidence
  3. 3 Whether procedural requirements for summary trial were met

Ratio Decidendi

Convictions quashed because (1) the charge of failing to keep proper books of account covered a period beginning more than three years before the proceedings and was thus statute-barred; (2) the charge of contributing to bankruptcy by gambling was not proved on the evidence; (3) procedural requirements for summary trial under the Act were not met.

Court Disposition

Appeal allowed; convictions set aside.

Orders

  • Convictions on both counts quashed.