High Court of Australia
High Court of Australia Barwick C.J. Kitto, Menzies, Owen and Walsh JJ. Hooper v Hawkins [1969] HCA 69
ORDER Special leave granted. Appeal allowed with costs. Order of the Supreme Court of Queensland set aside and in lieu thereof order that the rule nisi for prohibition be discharged, prosecutors to pay respondents' costs.
Cur. adv. vult.
The following written judgments were delivered:—
Dec. 22 Barwick C.J.
On 17th January 1968 the appellant, a detective senior constable of police of the State of Queensland, made complaint on oath to a justice of the peace of that State that he reasonably suspected that liquor was kept for sale by a male person known as Mr. Benjamin in certain premises known as Hawkins Interstate Transport Depot, Rocklea, Brisbane, the said Mr. Benjamin not being licensed in respect of such premises to keep or sell liquor. Thereupon the justice on the same day granted his warrant to the detective constable to enter and search the said premises at Rocklea and to seize all liquor found thereon.
On the same day the detective constable, by virtue of the warrant, entered the said premises and seized certain liquor. Thereafter the detective constable informed the same justice of such seizure of the liquor and that he had found it in the possession of the said Mr. Benjamin. Thereupon on the said 2nd February the justice issued under his hand a summons requiring the said Mr. Benjamin by name, Hyman Leslie Benjamin, to appear before the Magistrates Court at Brisbane on 6th February 1968 to show cause why "such liquor" should not be forfeited. This summons recited all the steps which I have already recounted, including the information given by the detective as to the person in whose possession the liquor was said to be found.
At the conclusion of the hearing which ensued upon the return of this summons, a magistrate held that the said liquor was not kept for sale on the said premises by Mr. Benjamin and that such liquor had not been found in his possession. Having drawn these conclusions of fact the magistrate said:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate