O'Sullivan v Truth & Sportsman Ltd [1957] HCA 8

High Court of Australia Dixon C.J. Williams, Webb, Fullagar and Kitto JJ. O'Sullivan v Truth & Sportsman Ltd [1957] HCA 8

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

1957, Feb. 18 Dixon C.J., Williams, Webb and Fullagar JJ.

On 25th May 1955 before a special magistrate at Adelaide there were four convictions of the respondent Truth and Sportsman Ltd. for offences against s. 35 of the Police Offences Act 1953 S.A.. In South Australia more than one summary offence arising out of the same facts may be charged in the same complaint: see s. 51 of the Justices Act 1921-1943. The convictions were upon a complaint containing four counts for as many offences against s. 35. Each conviction was for that between 6th and 9th April 1955 at Adelaide the respondent caused to be offered for sale to divers persons a newspaper, namely Melbourne Truth, dated 9th April 1955, in which a report contravened s. 35 in a manner which the conviction proceeded to state. Fines were imposed by each conviction amounting in all to £200. Section 35 is directed against the printing or selling of a newspaper in which any report appears of legal proceedings or other matters concerned with sexual immorality, unnatural vice or indecent conduct, if the report occupies more than a given space or carries headlines exceeding given dimensions. Separate articles in one newspaper, which means a copy of a periodical, and photographs, if they relate to the same matter, are deemed to form one report (sub-ss. (2) and (3)). The maximum penalty for the first offence is £200. The convictions all related to one issue of the Melbourne edition of the Truth newspaper. As appears from the convictions they are not based on four separate offerings for sale of four different copies of the issue, one for each conviction, but upon the conception that if in one issue there are four different things each of which would have brought the one issue, or any one copy of the issue, within the prohibitions of the section, then there are four offences.