NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Jack SMITH (NSW Department of Agriculture) v Kathleen DAY [2003] NSWCCA 159 HEARING DATE(S) : 3 June 2003 JUDGMENT DATE : 3 June 2003
JUDGMENT OF : Spigelman CJ at 1; Studdert J at 42; Hidden J at 43 DECISION : Questions on stated case answered 1. Yes, 2. Unnecessary to answer [41]
CATCHWORDS : CRIMINAL LAW - Case stated from District Court - regulatory offences - where offence to cause or permit infected stock to be moved - where co-owner of stock controlled all steps leading to act of movement but did not participate in act of movement - meaning of "cause" - Stock Diseases Act 1923 LEGISLATION CITED : Criminal Appeal Act 1912 s 5B Stock Diseases Act 1923 s 20C Bob's Place Sales Pty Limited v Barrington (1976) 12 SASR 566 CASES CITED : Miller v Hilton (1937) 57 CLR 401 O'Sullivan v Truth and Sportsman Limited (1957) 96 CLR 220 Samuels v Centofanti [1967] SASR 251 PARTIES : Jack Smith (NSW Department of Agriculture) Kathleen Day FILE NUMBER(S) : CCA 60487/02 COUNSEL : Mr M O'Brien (Appellant) Mr P O'Connor (Respondent) SOLICITORS : Crown Solicitor (Appellant) Parker & Kissane (Respondent)
LOWER COURT District Court JURISDICTION : LOWER COURT 01/52/0329 FILE NUMBER(S) : LOWER COURT Ducker DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60487/02
SPIGELMAN CJ STUDDERT J HIDDEN J
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