Adami v The Queen [1959] HCA 70

High Court of Australia Dixon C.J. McTiernan, Fullagar, Kitto and Menzies JJ. Adami v The Queen [1959] HCA 70

ORDER Application for special leave to appeal refused.

Cur. adv. vult.

The Court delivered the following written judgment:—

Dec. 18 Dixon C.J., McTiernan, Fullagar, Kitto and Menzies JJ.

The prisoner, Ersilio Adami, applies for special leave to appeal from an order of the Supreme Court of South Australia confirming his conviction and sentence on four counts under s. 214 of the Criminal Law Consolidation Act, 1935-1956 S.A.. There was a count framed under s. 214 (a) (vi) charging him with having, on 5th December 1958, forged with intent to defraud, an order for the payment of money, namely a withdrawal voucher on the Commonwealth Savings Bank Adelaide Branch for the amount of £280. The document described as a withdrawal voucher is not expressed as an order for the payment of money. It is in fact expressed as a receipt and is in a form provided by the Commonwealth Savings Bank for the use of depositors. Section 156 of the Commonwealth Bank Act 1945-1953 says that before any money standing to the credit of an account is withdrawn the Savings Bank may require a withdrawal form to be presented to the Savings Bank signed by the depositor and may also require the passbook to be presented to the Savings Bank. The form bears the words "withdrawal" but is expressed as a receipt signed by the depositor. Probably the document would have been more correctly described as an accountable receipt, or more simply a receipt, falling within s. 214 (a) (viii) of the South Australian statute. However, no point of this kind was taken nor was any point taken as to the application of the State provision to this Commonwealth document: see s. 67 (b) of the Crimes Act 1914-1955 Cth.