R v Sharkey [1949] HCA 46

High Court of Australia Latham C.J. Rich, Dixon, McTiernan, Williams and Webb JJ. R v Sharkey [1949] HCA 46

ORDER Questions in case answered—Paragraph 7, Question 1, No; Paragraph 8, Question 1, Yes; Question 2, Yes; Question 3, Yes. Conviction affirmed. Case remitted to Dwyer J.

Cur. adv. vult.

The following written judgments were delivered:—

Oct. 7 Latham C.J.

The duty of the Court in this matter is to determine questions of law which arose on a trial of Laurence Louis Sharkey before the Supreme Court of New South Wales for an offence against s. 24D of the Crimes Act 1914-1946. Sharkey was found guilty and Dwyer J., acting under the Commonwealth Judiciary Act 1903-1948, s. 72, postponed judgment and sentence and reserved four questions of law for the consideration of the High Court. It is the function of the High Court to hear and determine these questions and the Court may, in a case such as the present, where judgment has been postponed, set aside a verdict and order a verdict of not guilty to be entered, order a new trial or make such other order as justice requires—Judiciary Act 1903-1948, s. 73.

Section 24D of the Crimes Act provides that "Any person who writes, prints, utters or publishes any seditious words shall be guilty of an indictable offence." Sharkey was charged with uttering specified words which were alleged to be seditious. Section 24B (2) provides that "Seditious words are words expressive of a seditious intention." Section 24A (1) is as follows:—"Subject to sub-section (2) of this section an intention to effect any of the following purposes, that is to say—(a) to bring the Sovereign into hatred or contempt; (b) to excite disaffection against the Sovereign or the Government or Constitution of the United Kingdom or against either House of the Parliament of the United Kingdom; (c) to excite disaffection against the Government or Constitution of any of the King's Dominions; (d) to excite disaffection against the Government or Constitution of the Commonwealth or against either House of the Parliament of the Commonwealth; (e) to excite disaffection against the connection of the King's Dominions under the Crown; (f) to excite His Majesty's subjects to attempt to procure the alteration, otherwise than by lawful means, of any matter in the Commonwealth established by law of the Commonwealth; or (g) to promote feelings of ill-will and hostility between different classes of His Majesty's subjects so as to endanger the peace, order or good government of the Commonwealth, is a seditious intention." Section 24A (2) provides that it shall be lawful for any person to do certain things in good faith in pointing out mistakes of the Sovereign or errors or defects in Governments or Constitutions &c., or to excite His Majesty's subjects to attempt to procure by lawful means alteration of the laws and to seek to remove matters producing or having a tendency to produce feelings of ill-will and hostility between different classes of His Majesty's subjects.