Moors v Burke [1919] HCA 32

L.R.J OF AUSTRALIA. 265

them ; and if an amendment of the Statute should be in contem- _P&rvy

Councrt.

- plation, it might be well to add to the form of ballot-paper short 919,

explanations as to the effect of each resolution such as are con- —~ Warre

tained in the form of voting paper scheduled to the Temperance - (Seotland) Act 1913.

Appl # wR ce Oran Sen, eben Relges By am ieee (30085, Ramage Prosecutions R, (AR 457 'Miers (1987) adie aay EO tey sae Bein FET Gee . (HIGH COURT OF AUSTRALIA.} MOORS . : ' i i, ' 2 ig . | APPELLANT ; Derenpant, AND _ BURKE : i ; : 4 jee . Responpent. InForMANT,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Criminal Law—Possession of property suspected of being stolen—" Actual possession" H.C. ov A. —Physical control of goods—Exclusive right to obtain manual possession— 1919 Police Offences Act 1915 (Vict.) (No. 2708), sec. 40. pen

rane ; ' MELBourye, Sec. 40 of the Police Offences Act 1915 (Viet.) provides that "(1) Any june 16, 19,

person having in his actual possession or conveying in any manner any personal © ___ property whatsoever suspected of being stolen or unlawfully obtained may be Tsaacs, arrested either with or without warrant and brought before a Court of Petty and Rich JJ. Sessions, or may be summoned to appear before a Court of Petty Sessions.

(2) If such person does not in the opinion of the Court give a satisfactory

account as to how he came by such property he shall be liable to be imprisoned

for a term of not more than twelve months. (3) The said property if proved

to be or to have been in the actual possession of such person whether in a

building or otherwise, and whether or not the possession thereof had been

parted with by him before being brought before the said Court, shall for the

purposes of this section be deemed to be in his actual possession."