High Court of Australia
60 O.L.R.]
OF AUSTRALIA.
{HIGH COURT OF AUSTRALIA.)
THE COMMISSIONER FOR RAILWAYS (NEW
SOUTH WALES) DEFENDANT,
HAILEY a 3 PLAINTIFF,
} APPELLANT ;
AND
RESPONDENT.
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Criminal Law—Felony—Simple larceny—Summary conviction—Railways—Officer— H.C. or A.
Vacation of officep—Government Railways Act 1912-1931 (N.S.W.) (No. 30 of 1912—No. 61 of 1931), secs. 3*, 80—Crimes Act 1900-1929 (N.S.W.) of 1929), secs. 9*, 117*, 476-478*, 481, 501—Interpretation Act
of 1900—No, 2
(Wo. 40
1938, Ww
Sypyey,
1897 (N.S.W.) (No. 4 of 1897), sec. 29*—Ministry of Transport Act 1932 apes 22, 26 ; (W.S.W.) (No. 3 of 1932), secs. 5 (3), 6 (1) (a), 9 (1), 12 (2)—Transport (Division of Functions) Act 1932 (N.S.W.) (No. 31 of 1932), secs. 3 (1) (a), 4 (3) (a), 14
(2), 20, 21 (1).
See. 80 of the Government Railways Act 1912-1931 (N.S.W.) provides that
if an officer of the Department of Railways shall be deemed to have vacated his office.
"is convicted of any felony" he Sec, 481 of the Crimes Act 1900-
1929 (N.S.W.) provides that every conviction after summary trial for an indict- able offence triable summarily by the consent of the accused under sec. 476 of
Sec. 3 of the Government Railways Act 1912-1931 (N.S.W.) provides : "In this Act, unless the context or subject matter otherwise indicates or requires
- (9) 'Officer' means any officer, clerk, servant, or other person employed by the commissioners to assist in the execution of this Act."
The Crimes Act 1900-1929 (N.S.W.) provides :—Sec. 9: 'Whenever by this Act a person is made liable to the punishment of death, or of penal servi- tude, the offence for which such punish- ment may be awarded is hereby declared
to be and shall be dealt with as a felony, and wherever in this Act the term "felony ' is used, the same shall be taken to mean an offence punishable as afore- said." Sec. 117: '* Whosoever com- mits simple larceny, or any felony by this Act made punishable like simple larceny, shall, except in the cases hereinafter otherwise provided for, be liable to penal servitude for five years." Sec. 476: " Where a person is charged before one, or more than one, justice with an offence mentioned in the next following section, and the evidence for
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