Grant v The Queen [1981] HCA 32

High Court of Australia Gibbs C.J. Mason, Murphy, Aickin and Wilson JJ. Grant v The Queen [1981] HCA 32

ORDER Grant application for extension of time to apply for special leave to appeal, and grant special leave to appeal. Appeal allowed. Order of the Supreme Court of New South Wales (Court of Criminal Appeal) answering question (b) set aside. In lieu thereof order:

(1) that question (b) raised in the case stated, as amended, be answered: No, and

(2) that the matter be remitted to the District Court to quash the conviction and enter judgment of acquittal.

Cur. adv. vult.

The following written judgments were delivered:—

1981, June 18 Gibbs C.J., Mason, Aickin and Wilson JJ.

This is an application for special leave to appeal from the decision of the Supreme Court of New South Wales sitting as the Court of Criminal Appeal on a case stated pursuant to s. 5B of the Criminal Appeal Act 1912 N.S.W.. There is also an application for an extension of time in which to make the application.

On 23 May 1978 the applicant was convicted by a magistrate in petty sessions upon an information to the effect that contrary to s. 40 (1) (a) of the Summary Offences Act 1970:

That Phillip Allan Grant on the 24th day of March, 1978 at Silverwater in the State of New South Wales, did have in his custody, ten thousand dollars ($10,000) which may be reasonably suspected of being stolen or otherwise unlawfully obtained. He was fined $150, in default imprisonment for thirty days.

The applicant then appealed to the District Court in its criminal and special jurisdiction. At the conclusion of the evidence, the judge (Judge Shannon) stated a case, in which he posed as the question of law raised by the case:—

Whether upon the true construction of s. 40 of the Summary Offences Act 1970 once it is established that there is a reasonable suspicion that the original moneys had been unlawfully obtained,