Bergin v Stack

In *Bergin v Stack*, the High Court of Australia considered a dispute concerning the sale of liquor by an unregistered club. The appellant, Mr. Bergin, was the secretary of the club, and the respondent, Mr. Stack, was a police officer who laid the information. The core of the dispute involved whether the club, through its servant, had unlawfully sold liquor on its premises outside of the permitted trading hours for registered clubs.

The High Court was required to determine whether the sale of liquor by a servant of an unregistered club, on club premises and outside of lawful trading hours for clubs, constituted an offence under the relevant liquor licensing legislation. A key legal issue was whether the offence required proof of *mens rea*, specifically whether an honest belief on reasonable grounds that no offence was being committed was a defence.

The Court reasoned that the legislation created a general prohibition against the sale of liquor without a licence, with specific provisions governing the sale of liquor on the premises of registered clubs. It was held that the offence of selling liquor without a licence was one of strict liability, meaning that the prosecution did not need to prove any guilty mind or intention on the part of the seller. Consequently, an honest belief on reasonable grounds that no offence was committed was not a defence to the charge. The Court found that the sale of liquor by the club's servant, irrespective of the club's registration status or the time of sale, fell within the ambit of the prohibition against selling liquor without a licence.

The High Court allowed the appeal, finding that the magistrate had erred in law by holding that *mens rea* was a necessary element of the offence. The matter was remitted to the magistrate to be heard and determined according to law.