Austin v The Queen [1989] HCA 26

High Court of Australia Brennan, Deane, Dawson, Toohey and McHugh JJ. Austin v The Queen [1989] HCA 26

ORDER Application for special leave to appeal granted. Appeal dismissed.

Cur. adv. vult.

The Court delivered the following written judgment:—

May 11 Brennan, Deane, Dawson, Toohey and McHugh JJ.

The applicant was convicted in the Supreme Court of South Australia of having demanded money with threats. He was tried before a judge alone, having elected to be tried without a jury pursuant to s. 7 of the Juries Act 1927 S.A.. The offence of demanding money with menaces or threats was created by sub-s. (1) of s. 3 of the Kidnapping Act 1960 S.A.. Section 3 provides as follows:

(1) Any person who without reasonable and probable cause directly or indirectly and whether by letter, writing, word of mouth or any other medium whatsoever demands any property, chattel, money, valuable security or other valuable thing of any person with menaces or threats in relation to the life, health, safety, security or well-being of the person from whom the demand is made or of any other person or to the safety or security of the property real or personal of either such person shall be guilty of felony and liable to be imprisoned for life.

(2) Any person who without reasonable and probable cause directly or indirectly and whether by letter, writing, word of mouth or any other medium whatsoever threatens the life, health, safety, security or well-being of any other person or of any relative or friend of that person or of any member of that person's family or the safety or security of the property real or personal of any such person, relative, friend or member of family shall be guilty of felony and liable to be imprisoned for life.

The demand alleged to have been made by the applicant was contained in a letter which was left in a public telephone box. It appears in the judgment of the Chief Justice in the Full Court as follows: