Winton Transport Pty Ltd v Horne [1966] HCA 51

Winton Transport Pty Ltd v Horne [1966] HCA 51

The evidence justified the magistrate's findings that the appellant contracted with Johnston to carry the goods from Brisbane to Winton and engaged J. N. Nicholson's Transport Company Pty. Ltd. to perform the Brisbane to Tweed Heads leg on the appellant's behalf. The incursion into New South Wales was merely an interruption of an essentially intra-State carriage from Brisbane to Winton and did not attract s. 92 protection. Since the appellant's vehicle was used on a Queensland road to carry goods without the required permit, and the s. 7 point did not affect the proof of the offence charged, the conviction was upheld.

Jurisdiction
Australia
Procedural Posture
Appeal From Conviction for Breach of S. 49 of the State Transport Act of 1960 Q. / High Court of Australia Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['s. 92 of the Constitution' 'inter State Trade and Commerce' 'intra State Carriage of Goods' 'transport Permits' 'corporate Liability Through Employees' 's. 7 of the Criminal Code Q.']
['constitutional Law' 'transport Law' 'criminal Law'] ['s. 92 of the Constitution' 'inter State Trade and Commerce' 'intra State Carriage of Goods' 'transport Permits' 'corporate Liability Through Employees' 's. 7 of the Criminal Code Q.']

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Procedural Posture

Appeal From Conviction for Breach of S. 49 of the State Transport Act of 1960 Q. / High Court of Australia Appeal

Legal Issues

  1. 1 ["Whether the appellant's carriage of goods via Tweed Heads was protected by s. 92 of the Constitution as inter-State trade or commerce." "Whether the magistrate's findings that the appellant contracted to carry goods from Brisbane to Winton and engaged Nicholson to carry them from Brisbane to Tweed Heads should be disturbed." "Whether the prosecution's reference to an election under s. 7 of The Criminal Code Q. prevented conviction."]

Ratio Decidendi

The evidence justified the magistrate's findings that the appellant contracted with Johnston to carry the goods from Brisbane to Winton and engaged J. N. Nicholson's Transport Company Pty. Ltd. to perform the Brisbane to Tweed Heads leg on the appellant's behalf. The incursion into New South Wales was merely an interruption of an essentially intra-State carriage from Brisbane to Winton and did not attract s. 92 protection. Since the appellant's vehicle was used on a Queensland road to carry goods without the required permit, and the s. 7 point did not affect the proof of the offence charged, the conviction was upheld.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']