ANDERSON V. THE QUEEN

©.1978/83,

W. M. Houston, Govt. Print, Melb.

IN THE HIGH COURT OF AUSTRALIA

REASONS FOR JUDGMENT

Oral Judgment delivered at..Sydney a

on. Thursday,..12th.December..1957....

JUDGMENT

CORAL)

ANDERSON

JUDGMENT OF THE COURT

DELIVERED BY DIXON C.J.

McTTEAWAN J. WEBS S. EITTO 3. TAYLOR Je

ANDERSON Ve

THE QUEEN

This is an appeal from the Supreme Court of the Territory of Papua and New Guinea. The appeal is against certain convictions and sa@ntences on proceedings on indictment before the Chief Justice. The appellant was an Acting Assistant District Officer at a post in Papua which was in a somewhat remote sub-district and which involved the performance by him of a number of duties. Some of these would, according to the standards of the Australian mainland, be in conflict with others. But in the circum- stances which prevailed it was no doubt essential that various offices should be reposed in the same man. The appellant had been in the area since January 1955 and had been in charge of it as Acting Assistant District Officer since September 1955. In July 1956 he went on patrol.

The precise date of his return is not clear but it appears to have been about a fortnight before the events to which I am about to refer. During his absence there was a shooting among the natives which might be regarded quite seriously. Aman named Avila, in company with another man Koupa, shot Inai the wife of Koupa. Avila had no right to firearms or ammunition and that no doubt added

to the seriousness of what would be in any case a very serious matter. Avila and Koupa admitted the shooting but said that Avila had mistaken the woman for a cassowary. In the absence of the appellant a corporal who was apparently in charge of the prison, put Avila in the prison and there he was when the appellant returned. The woman Inai was put intc hospital where her life was saved, and Koupa