High Court of Australia
HIGH COURT (1941, [HIGH COURT OF AUSTRALIA.) FRANCIS APPELLANT ; CoMPLAINANT, AND ROWAN RESPONDENT. DEFENDANT,
ON APPEAL FROM A COURT OF SUMMARY JURISDICTION OF SOUTH AUSTRALIA.
H.C. or A. Criminal Law—Mens rea—National security—Endeavouring to influence public
1941. Ww
Metnourse,
March 6, 28.
Rich A.CJ., Starke, 'McTiernan and Williams JJ.
opinion in a manner likely to be prejudicial to the efficient prosecution of the war —Nature of intention to found offence—National Security Act 1939-1940 (No. 15 of 1939—No. 44 of 1940), sec. 10—National Security (General) Regulations (S.R. 1939 No, 87), reg. 42*.
To establish a chtrge of endeavouring "orally . . . to influence public opinion ina manner likely to be prejudicial to the efficient prosecution of the war," contrary to the provisions of reg. 42 of the National Security (General) Regulations, it is sufficient to show that the person charged consciously [made a public speech which was likely to be prejudicial to the efficient prosecution of the war, and it is immaterial that in making the speech he did not intend to influence public opinion in a manner likely to be prejudicial to the efficient prosecution of the war.
Appa from a Court of Summary Jurisdiction of South Australia.
On 23rd September 1940, on the complaint of Ernest Leslie Francis in the Court of Summary Jurisdiction at Adelaide, Francis Rowan was charged that he "endeavoured on 26th June 1940 orally to influence public opinion (to wit—the opinion of a section of the
* Reg. 42 of the National Security (General) Regulations provides :—" (1) A person shall not—(a) endeavour, whether orally or otherwise, to influence public opinion (whether in Australia or elsewhere) in a manner likely to be
prejudicial to the defence of the Com- monwealth, or the efficient prosecution of the war (4) In this regu- lation—(a) The expression * opinion' includes the opinion of any section of the public."
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