Hill v Donohoe [1911] HCA 38

224 HIGH COURT (191.

H.C. or A. the idea that a licence sentenced by the Special Court to be 1911. extinguished at a certain time can be revived again by a subse- mee quent resolution in favour of continuing the number of licences,

% We are concerned here only with the interpretation of the Act,

BROOKES: and not with the hardships it may bring about, and in these cir-

Griffith OJ. gumstances we should not be justified in granting special leave

to appeal.

Barton J. IL agree. O'Connor J. Iam of the same opinion.

Fes a Ie Beem Special leave to appeal refused. : cy oe Solicitor, C. A. Coghlan. a Fo BL (HIGH COURT OF AUSTRALIA.] EDGAR HILL ? 2 7 . ¥ f APPELLANT;

DEFENDANT,

AND

JOHN THOMAS TAMPLIN DONOHOE INFORMANT,

. RESPONDENT.

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

H.C. or A. 1911. XH — Customs Act 1901-1910 (No. 6 of 1901, No. 36 of 1910), sec. 2338 (c)—Person in SyDNey, possession of prohibited imports—Hvidence of importation—Validity of Com- August 18. monwealth Statute. Grittith ©, The defendant was found at night in a boat without a light, in Sydney

oconnor Bd. harbour, coming from the s.s, Taiyuan, with opium, which was a prohibited

13 C.L.R.] OF AUSTRALIA.

225,

import, in his possession. He said to the arresting officer, ''Can't we talk H.C. or A.

business?" Held, that it was competent to the Judge to find that the defendant knew that the opium in his possession had been imported in con- travention of the Customs Act 1910.

It is an element of the offence constituted by sec. 233n (c) of the Customs Act 1910, that the defendant should know that the prohivited imports found in his possession have been imported into Australia in contravention of that Act. As so construed the section is infra vires the Constitution.

Lyons v. Smart, 6 C.L.R., 143, followed on this point.