Commonwealth Director of Public Prosecutions v Easton [2018] NSWSC 1516

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Director of Public Prosecutions v Easton [2018] NSWSC 1516 Hearing dates: 8 June 2018 Date of orders: 11 October 2018 Decision date: 11 October 2018 Jurisdiction: Common Law Before: N Adams J Decision: (1) The Appeal is allowed.

(2) The matter is remitted to the Local Court for a re-hearing. Catchwords: CRIMINAL LAW – Appeal – Magistrate dismissed charges brought against the Defendant for failing to vote at the 2016 federal election on the basis that a devout (but non-religious) objection to voting was permitted by s 245(14) of the Commonwealth Electoral Act 1918 (Cth) – Whether the religious exemption from voting in s 245(14) extends the meaning of "valid and sufficient" reason in s 245(15B) to include a devout (but non-religious) objection to voting – Statutory construction of s 245(14) Legislation Cited: Acts Interpretation Act 1901 (Cth), ss 15AB, 15AD Australian Constitution, s 116 Commonwealth Electoral Act 1918 (Cth), ss 206, 233, 245 Crimes (Appeal and Review) Act 2001 (NSW), ss 56, 59 Criminal Code Act 1995 (Cth), Sch, s 13.3 Elections Act 1915 (Qld), s 63 Electoral Act 1907 (WA), s 156 Electoral Act 1929 (SA), s 118a Electoral Act 1985 (SA), s 85 Electoral and Referendum Amendment Act 1989 (Cth) National Security (Subversive Associations) Regulations 1940 (Cth) Payroll tax Act 1971 (Vic), s 10 Supreme Court Rules 1970 (NSW), Pt 51B, r 6(1) Cases Cited: Adelaide Company of Jehovah's Witnesses Inc. v Commonwealth (1943) 67 CLR 116; [1943] HCA 12 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27; [2009] HCA 41 Blakeney v Coates (unreported, Supreme Court of Western Australia, 22 September 1982) Church of The New Faith v Commissioner of Pay-Roll Tax (Victoria) (1983) 154 CLR 120; [1983] HCA 40 Director of Public Prosecution (NSW) v Hughes [2017] NSWSC 492 Director of Public Prosecutions (NSW) v Sadler [2013] NSWSC 718 Douglass v Ninnes (1976) 14 SASR 377 Faderson v Bridger (1971) 126 CLR 271; [1971] HCA 46 Horn v Butcher [2010] WASCA 67 Jackamarra v Krakouer (1998) 195 CLR 516; [1998] HCA 27 Judd v Mckeon (1926) 38 CLR 380; [1926] HCA 33 Krosch v Springell; ex parte Krosch [1974] Qd R 107 Lubcke v Little [1970] VR 807 O'Brien v Warden (1981) 37 ACTR 13 Palata Investments Ltd v Sinfeild Ltd [1985] 2 All ER 517; [1985] 1 WLR 942 R v Adam Easton [2017] NSWLC 19 SZTAL v Minister for Immigration and Border Protection (2017) 91 ALJR 936; [2017] HCA 34 Texts Cited: Joint Select Committee on Electoral Reform Report No. 2, "The Operation During the 1984 General Election of the 1983/84 Amendments to Commonwealth Electoral Legislation" Category: Principal judgment Parties: Commonwealth Director of Public Prosecutions (Plaintiff) Adam James Easton (Defendant) Representation: Counsel: Ms W J Abraham QC with Ms V Bulut (Plaintiff) Ms G Bashir SC with Mr B Cochrane (Defendant)