Skitch v Pratt [1940] HCA 29

OF AUSTRALIA. 191

' i a' s m x . APPELLANT ;

AND

* ' . : Pe . ReEsponpDeENr.

APPEAL FROM A COURT OF SUMMARY JURISDICTION OF SOUTH AUSTRALIA.

ent for military service—Form of oath—Filling in prescribed form— (ov A. opriate words—Defence Act 1903-1939 (No. 20 of 1903—No. 74 of 1939), 1940, 39 (1) (D), 60, 76, Third Schedule+—Australian Military Regulations (S.R. No. 149), regs. 3, 140a, 1400. MeLnounye,

Oct, 24. 'a person who was liable compulsorily to serve in the citizen forces

Part IV. of the Defence Act 1903-1939 there was tendered the form of Bich, Starke, uth set out in the Third Schedule to the Act, except that in the form tendered MeTiernan JJ. forces therein mentioned were described as " military" forees and the ds "for the term of years" were altered to "until the cessation of \e present time of war," On the person refusing to take the oath as tendered, was charged under see, 76 of the Act for refusing to do so and convicted.

that the form tendered was not objectionable, although it was not in recisely the same form as in the Third Schedule, and although it did not limit

obligation of the person to whom it was tendered to serve only within Commonwealth of Australia; accordingly, the person had no grounds for to take the oath and was rightfully convicted.

removed and that I will resist His Majesty's enemies and cause His Majes- {y's petce to be kept and maintained and

t I will in all matters appertaining to my service faithfully discharge my duty, gecording to rellprregre seed

H. C. or A. 1940, cs}

Sxrren v Prarr.

HIGH COURT (1940.

under sec. 60 of the Defence Act 1903-1939. Osmond Philip | Pratt, an area officer for the locality in which Skitch was called up

for service, on 8th January 1940 tendered to Skitch the following — form of oath :—'" Oath of Enlistment—I Ralph Leslie Skitch swear that I will well and truly serve our Sovereign Lord the King in the - military forces of the Commonwealth of Australia wntil the cessation of the present time of war or until sooner lawfully discharged ' dismissed or removed and that I will resist His Majesty's enemies _ and cause His Majesty's peace to be kept and maintained and that I will in all matters appertaining to my service faithfully discharge { my duty according to law. So help me God!''* Skitch refused to take this oath, and he was thereupon charged by Pratt at a court of summary jurisdiction at Adelaide that " being a person liable to enlist for service in the defence force did refuse to take the oath