McGowan v Grieve [1918] HCA 11

360 HIGH COURT

(HIGH COURT OF AUSTRALIA.]

McGOWAN . 3 . E 4 é : . APPELLAN DEFENDANT, ¥ AND GRIEVE : t 5 ; : 4 5 . Responp: InFoRMANT, '

ON APPEAL FROM A COURT OF PESTY SESSIONS OF VICTORIA,

H. ©. or A, War Precautions—Regulations—Offence—Military Service Referendum—False

1918: ment of fact likely to affect judgment of electors—War Precautions (Military SS) Service Referendum) Regulations 1917 (Statutory Rules 1917, No, 290 and No. Metrournr, 304), reg. 42. 5

Royle The appellant was convicted under the War Precautions (Military Service

Barton, Referendum) Regulations 1917, reg. 42, of having before the Referendum eeafer polling day made a false statement of fact of a kind likely to affect the jud pone ae ment of the electors.

Held, on the evidence, that the conviction should be quashed. AppEat from a Court of Petty Sessions of Victoria.

At the Court of Petty Sessions at Leongatha an information heard whereby John Alexander Grieve charged that George Francis McGowan did, contrary to the War Precautions (Military Servic Referendum) Regulations 1917, make before the polling day for the Referendum a false statement of fact of a kind likely to affect

"there is no need for reinforcements as Australia has suppli sufficient men if no more men enlist to reinforce five divisions for _ twenty-five months and that these men were at present available

LR.) OF AUSTRALIA.

nd that men were only wanted to increase the rank and pay of H. C. or A.

Birdwood by making additional divisions for him to com- " The statement complained of was made in a public speech. \ecording to the evidence of one witness called for the informant e statement made was to the effect that "if no more men were ed there were enough to keep the five divisions for twenty- e months. The Government wanted to raise another division. I Birdwood would get increased pay and promotion if he got greater number of divisions under his charge." According to e evidence of another witness the defendant said that " there was 'immediate need for reinforcements. There were sufficient men ble to reinforce five divisions at the rate of 7,000 men per month for twenty-five months . . . The Government did lid not want reinforcements but to create new divisions so that ; Birdwood could get increased rank and pay." Official were also objected to but. accepted in evidence, from which appeared that if no more men enlisted there were only sufficient en available to reinforce five divisions at the rate of 7,000 men month for a little more than one year.