Munday v Gill [1930] HCA 20

M4 4 pe Dae 2001)

Dae T (1998) 104 Perlae7 6 Kemi 78 SBR

38 HIGH COURT ui

{HIGH COURT OF AUSTRALIA.)

MUNDAY ' ' B - F i d . APPELLANT;

INFORMANT, AND

GILL AND OTHERS . RESPONDENTS.

DEFENDANTS,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES. assembly—Continuance

H.C. or A, Justices—Jurisdiction—Summary convietions—Unlawful

1930. with knowledge — Separate informations against several defendants — Similar —_ charges — Hearing together by consent — Evidence— Partly inapplicable to Sypney, some defendants—Admissibility of depositions of evidence given in preceding April 14,15; case admitted by consent—Irregularity or nullity—Waiver—Defendants not Aug. 14. prejudiced—Sufficient evidence aliunde—Statutory prohibition—One order nisi ee in respect of several defendants severally convicted—Crimes Act 1900 (N.S.W.) Gavan Duty, (No. 40 of 1900), sec. 545c (1), (2), (3)*—Crimes (Intimidation and Molestation) ani Bixon JJ. Act 1929 (N.S.W) (No. 31 of 1929), sec. 2*—Justices Act 1902-1918 (.S.W.)

(a

. 27 of 1902—No. 32 of 1918).

Separate informations were laid under sec. 545 of the Crimes Act 1900 (N.S.W.) (inserted therein by the Crimes (Intimidation and Molestation) Act 1929 (N.S.W.), sec. 2) against a number of persons for knowingly continuing in an

* Sec. 545c of the Crimes Act 1900 (N.S.W.), as inserted by sec. 2 of the Grimes (Intimidation and Molestation) Act 1929 (N.S.W.), provides :—* (1) Whosoever knowingly joins an unlawful assembly or continues in it shall be taken to be a member of that assembly, and shall, on conviction before a police or stipendiary magistrate, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding twenty pounds. (2) Whosoever being armed with any weapon or loaded arms, or with anything which used as a weapon of offence is likely to cause