Winsor v Boaden [1953] HCA 46
Section 80 of the Government Railways Act 1912-1951 refers to a sentence for a term of imprisonment of six months or more, not to the aggregation of separate smaller sentences. Because the respondent did not receive any single sentence of six months or more, the section was not satisfied and he was not deemed to have vacated his office on that basis.
- Jurisdiction
- Australia
- Procedural Posture
- Appeal / High Court of Australia
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- ['government Railway Officer Vacating Office' 'effect of Criminal Sentence on Office' 'construction of Government Railways Act 1912 1951 S. 80' 'concurrent and Cumulative Sentences']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Appeal / High Court of Australia
Legal Issues
- 1 ['Whether the respondent was, within the meaning of s. 80 of the Government Railways Act 1912-1951, sentenced to imprisonment for any term of or exceeding six months where three sentences of three months were imposed, two concurrently and one commencing at the expiration of the others.']
Ratio Decidendi
Section 80 of the Government Railways Act 1912-1951 refers to a sentence for a term of imprisonment of six months or more, not to the aggregation of separate smaller sentences. Because the respondent did not receive any single sentence of six months or more, the section was not satisfied and he was not deemed to have vacated his office on that basis.
Court Disposition
Appeal dismissed with costs.
Orders
- ['Appeal dismissed with costs.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment