Johanson v Dixon [1979] HCA 23

High Court of Australia Barwick C.J. Stephen, Mason, Murphy and Aickin JJ. Johanson v Dixon [1979] HCA 23

ORDER Application for special leave to appeal refused.

Cur. adv. vult.

The following written judgments were delivered:—

1979, May 30 Barwick C.J.

I have had the advantage of reading the reasons for judgment prepared in this application for special leave by my brother Mason. I agree entirely with those reasons and with the conclusion that the application for special leave be refused. I find no need to add anything on my own behalf.

Stephen J.

I have read and am in agreement with all that is said in the reasons for judgment of Mason J. and of Aickin J. concerning this application for special leave.

I would refuse special leave accordingly.

Mason J.

The applicant was convicted at the Fitzroy Magistrates' Court on 21st April 1976 on two counts of habitually consorting with reputed thieves contrary to s. 6 (1) (c) of the Vagrancy Act 1966 Vict. and sentenced to twelve months' imprisonment on each count, the sentences to be served concurrently. Section 6 (1) (b) and (c) provide:

Any person who—

(b) is found in a house or place in company with reputed thieves or persons having no visible lawful means of support who, on being thereto required by the court, does not give to the satisfaction of the court a good account of his lawful means of support and also of his being in such house or place upon some lawful occasion;

(c) habitually consorts with reputed thieves or known prostitutes or persons who have been convicted of having no visible lawful means of support unless such person, on being thereto required by the court, gives to the satisfaction of the court a good account of his lawful means of support and also of his so consorting;

shall be guilty of an offence.