Haynes v Hughes

Case [2001] WASCA 397


HAYNES -v- HUGHES [2001] WASCA 397



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 397
THE FULL COURT (WA)07/12/2001
Case No:SJA:1232/200023 OCTOBER 2001
Coram:MURRAY J
ANDERSON J
EINFELD AJ
7/12/01
10Judgment Part:1 of 1
Result: Appeal Dismissed
A
PDF Version
Parties:ROGER HAYNES
PETER LINDSAY FOSTER HUGHES

Catchwords:

Criminal law
Particular offence
Using computer service to obtain objectionable material
Words and phrases
"Obtain possession of an article knowing it to be objectionable material"
E­mail message saved to work directory
Whether "obtained" when first received or when saved
Whether offence committed by saving

Legislation:

Censorship Act 1996 (WA), s 99, s 101(1)(b)

Case References:

Nil
Beckwith v The Queen (1976) 135 CLR 569
Daniels v Burfield (1994) 125 ALR 33
Davis v The Queen (1990) 5 WAR 269
Devries v Australian National Railways Commission (1993) 177 CLR 472
Ibbs v The Queen [2001] WASCA 129
R v Atholwood (2000) 110 A Crim R 417
Smith v The Queen (1992) 7 WAR 527
Vrisakis v Australian Securities Commission (1993) 9 WAR 395

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : HAYNES -v- HUGHES [2001] WASCA 397 CORAM : MURRAY J
    ANDERSON J
    EINFELD AJ
HEARD : 23 OCTOBER 2001 DELIVERED : 7 DECEMBER 2001 FILE NO/S : SJA 1232 of 2000 BETWEEN : ROGER HAYNES
    Appellant

    AND

    PETER LINDSAY FOSTER HUGHES
    Respondent



Catchwords:

Criminal law - Particular offence - Using computer service to obtain objectionable material - Words and phrases - "Obtain possession of an article knowing it to be objectionable material" - E­mail message saved to work directory - Whether "obtained" when first received or when saved - Whether offence committed by saving




Legislation:

Censorship Act 1996 (WA), s 99, s 101(1)(b)



(Page 2)

Result:

Appeal Dismissed




Category: A


Representation:


Counsel:


    Appellant : Ms C J Thatcher
    Respondent : Mr A O Karstaedt


Solicitors:

    Appellant : State Crown Solicitor
    Respondent : Max Crispe



Case(s) referred to in judgment(s):

Nil

Case(s) also cited:



Beckwith v The Queen (1976) 135 CLR 569
Daniels v Burfield (1994) 125 ALR 33
Davis v The Queen (1990) 5 WAR 269
Devries v Australian National Railways Commission (1993) 177 CLR 472
Ibbs v The Queen [2001] WASCA 129
R v Atholwood (2000) 110 A Crim R 417
Smith v The Queen (1992) 7 WAR 527
Vrisakis v Australian Securities Commission (1993) 9 WAR 395

(Page 3)

1 MURRAY J: In this matter I have had the advantage of reading in draft the reasons for decision to be published by Anderson J. I respectfully agree with them in their entirety and I agree that the appeal should be dismissed. In my respectful opinion, the point upon which Roberts-Smith J decided the appeal made to him by the complainant was correct.

2 The matter turns on the proper interpretation of the Censorship Act 1996 (WA). The offence charged in the complaint…

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Haynes v Hughes [2001] WASCA 397
Case
[2001] WASCA 397
Decision Date

CaseChat Overview and Summary

In the case of Haynes v Hughes, the appellant was charged with using a computer service to obtain objectionable material. The dispute centred on the interpretation of the phrase "obtain possession of an article knowing it to be objectionable material" and whether the offence was committed when the objectionable material was first received or when it was subsequently saved to a work directory. The matter was determined by the High Court of Australia.

The central legal issue the court had to decide was whether the act of saving an email containing objectionable material to a work directory constituted obtaining possession of the material. The court considered whether "obtained" referred to the initial receipt of the material or to the act of saving it. The court also needed to determine whether the act of saving the material constituted an offence under the relevant statute.

The court held that the phrase "obtain possession of an article knowing it to be objectionable material" was intended to capture the act of obtaining possession of the material, regardless of whether it was saved or not. The court emphasised that the offence was complete once the material was received, even if it was not subsequently saved. The court concluded that saving the material did not constitute an additional offence but was merely a continuation of the original act of obtaining possession. The appeal was dismissed, affirming the lower court's decision.

Orders

Orders of the court

Appeal Dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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