High Court of Australia
1) CLR.) OF AUSTRALIA. 573
(HIGH COURT OF AUSTRALIA.)
ee, , APPELLANT; DEFENDANT,
AND
WHITTON (Cottector or Customs FoR Victoria) IyrorMant,
} RESPONDENT.
ON APPEAL FROM A COURT OF PETTY SESSIONS OF VICTORIA.
'Customs—Interference with goods subject to control of Customs—Evidence—Customs H.C, or A. Act 1901-1910 (No. 6 of 1901—No. 36 of 1910), sec. 33. 1915,
= The mere fact that a wharf Inbourer employed by a stevedore in unloading yrurpounne, from a ship goods which are under the control of the Customs hammers down gen. 98 the lid of a case of goods which he sees open is not an "interference" with een A b Griffith C.J., the goods within the meaning of sec. 33 of the Customs Act 1901-1910. gti 3 Rich JJ.
Decision of the Supreme Court of Victoria (Madden C.J.) : Whitton v. MeNeill, (1915) V.L.R., 539; 37 A.L.T., 58, on that point overruled.
7 'AprEaL to the High Court.
James McNeill was charged on the information of Percy 'Whitton, Collector of Customs for Victoria, before the Court of Petty Sessions at Melbourne, with having on 29th June 1915 without authority interfered with certain goods subject to the control of the Customs. It appeared that the defendant, who was a wharf labourer employed by a firm of stevedores in unloading a ship at 4 wharf in Melbourne, was acting on 29th _ June as a "book clerk," that is to say, he had charge of a book in which were entered descriptions of the various cases containing
H. C. oF A. 1915.
a,
McNen w Wuirron.
HIGH COURT (1915.
the goods which were unloaded, and he directed where the cases were to be placed in a shed on the wharf.
For the prosecution it was alleged that the defendant went on the top of a stack of cases in the shed and opened one of them with a dog-hook, and that he had no authority to do so.
The defendant's evidence was that he went on the stack to
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