Millner v Raith [1942] HCA 21

REPORTS OF CASKS

DETERMINED IN THE

HIGH COURT OF AUSTRALIA

[HIGH COURT OF AUSTRALIA.]

MILLNER : : : : : g . APPELLANT ; INFORMANT, AND LEVANTE BE : : : : 2 : 4 . RESPONDENT. DEFENDANT,

ON APPEAL FROM A COURT OF PETTY SESSIONS OF NEW SOUTH WALES.

Criminal Law—Attempt—Offence created by retrospective statute—Liability for H.C. or A. attempt during period of statute's retrospective operation—Liability of person 1942. concerned in management of corporation—Attempt by corporation to commit Naw offence—Crimes Act 1914-1937 (No. 12 of 1914—No. 5 of 1937), sec. 7—Defence SYDNEY, Act 1903-1941 (No. 20 of 1903—No. 4 of 1941), secs. 730, 73D, 73u—Defence Aug. 19; Act 1941 (No. 4 of 1941), secs. 2, 3, 4. Sept. 3.

The Defence Act 1941, which was assented to on 4th April 1941, by secs. 3 and tome ea 4 amended the Defence Act 1903-1939 and by sec. 2 provided that secs. 3 and Williams JJ.

4 should be deemed to have come into operation on 3rd September 1939.

Held that sec. 7 of the Crimes Act 1914-1937 applies to an attempt between the two dates above mentioned to commit what was only an offence by virtue of the retrospective operation of the amendments above referred to.

Secs. 73c and 73p of the Defence Act 1903-1941 create certain offences, and sec. 738 provides that where a person to whom sec. 730 or sec. 73D applies is a body corporate, the body and every person being a director or a person concerned in the management of the body shall, in respect of any act or fact specified in either of those sections, be guilty of an offence unless it or he proves certain matters of exculpation.

Held, by Starke and Williams JJ., that the liability under sec. 73 of a director or person concerned in the management of a body corporate does not extend to cases where the body corporate is guilty only of an attempt to commit an offence against sec. 730 or sec, 73D.