McDonnell v Smith [1918] HCA 26

OF AUSTRALIA. 409

" [HIGH COURT OF AUSTRALIA.]

APPELLANT :

AND

REsPonDENT,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Precautions—Offence—Summary prosecution—Consent to prosecution, when 0 4. ©, or

A. obtained——War Precautions Act 1914-1916 (No. 10 of 1914—No. 3 of 1916), 1948, Z —_ See. 6 of the War Precautions Act 1914-1916 provides, by sub-sec. 1, that cat ay 3.

y person who contravenes, or fails to comply with, any provision of any egulation or order made in pursuance of the Act shall be guilty of an offence Barton,

against the Act ; by sub-see. 2, that an offence against the Act may be prose- """qien ya" 'euted either summarily or upon indictment; and by sub-see. gainst the Act shall not be prosecuted summarily without the written consent _ of the Attorney-General or the Minister for Defence, or a person authorized writing by the Attorney-General or the Minister for Defence, and that an offence against the Act shall not be prosecuted upon indictment except in

name of the Attorney-General. .

Held, that the consent required by sub-see. 3A must be obtained before a jon under the section is initiated, that is, before the information is

that an offence

from the Supreme Court of New South Wales. On 2st December 1917 an information was laid by John Percy onnell against William Henry Smith under reg. 44 of the War

H. C. or A. 1918. ~

McDonneLi

Smrrx.

HIGH COURT

Precautions (Military Service Referendum) Regulations 1917 (Statu- tory Rules 1917, No. 290—No. 326), complaining that on 13th December 1917 he did at Candelo in the State of New South Wales, at a public meeting then and there being held in relation to the Referendum, wilfully disturb the said meeting. A summons was duly served upon the defendant to appear before a justice or jus- tices on 14th January 1918. He appeared on that date before a Police Magistrate, but the hearing of the summons was adjourned until 11th February 1918, when, on the application of the informant, a further adjournment was granted to 19th February 1918 on the ground that certain documents necessary for the prosecution were not then in the informant's possession. On 19th February 1918