JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CRIMINAL
CITATION: HORN -v- AUSTRALIAN ELECTORAL COMMISSION [2013] WASC 72
CORAM: HALL J
HEARD: 1 MARCH 2013
DELIVERED : 1 MARCH 2013
PUBLISHED : 7 MARCH 2013
FILE NO/S: SJA 1131 of 2012
BETWEEN: DIETER HANS GUSTAV HORN
Appellant
AND
AUSTRALIAN ELECTORAL COMMISSION
Respondent
ON APPEAL FROM:
Jurisdiction : MAGISTRATES COURT OF WESTERN AUSTRALIA
Coram :MAGISTRATE T R WATT
File No :AL 1928 of 2011
Catchwords:
Criminal law - Appeal against conviction - Failure to vote in Federal election - Whether objection to form of voting booths a valid and sufficient reason - Question of law determined previously
Legislation:
Commonwealth Electoral Act 1918 (Cth), s 206, s 233, s 245
Result:
Extension of time refused
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant: In person
Respondent: Ms S J Oliver
Solicitors:
Appellant: In person
Respondent: Director of Public Prosecutions (Cth)
Case(s) referred to in judgment(s):
Devires v Australian National Railways Commission [1993] HCA 78; (1993) 177 CLR 472
Horn v Australian Electoral Commission [2007] FCA 1827; (2007) 163 FCR 585
Horn v Butcher [2009] WASC 267
Horn v Butcher [2010] WASCA 67
HALL J:
Introduction
Mr Dieter Horn, the appellant in this case, could never be accused of lacking consistency. He has, over many years, tenaciously maintained the view that the polling booths provided at Federal elections do not comply with the Commonwealth Electoral Act 1918 (Cth).
True to his beliefs Mr Horn has refused to vote at a number of Federal elections, including that which occurred on 21 August 2010. He has been prosecuted for his failure to vote. On conviction he has pursued appeals. This appeal is the most recent instance of proceedings of this type.
Mr Horn has adhered to his views about the polling booths despite adverse decisions of the Federal Court and this court. He doggedly maintains he is right and the courts are wrong. Unfortunately for Mr Horn, it is the court's view of the law that matters.
Earlier proceedings
In November 2007 Mr Horn sought a declaration from the Federal Court that the Australian Electoral Commission had failed to provide polling booths for use by voters that complied with s 206 and s 233 of the Commonwealth Electoral Act. He contended that the polling booths were not constructed and arranged in such a manner as to screen voters from observation while marking their ballot papers. His argument was that it was not sufficient that the booths concealed the actions of a voter in marking the ballot paper, rather his view was that what was required was that the voter be completely concealed from view.
Section 206 and s 233 of the Commonwealth Electoral Act provide as follows:
206.Polling booths shall have separate voting compartments, constructed so as to screen the voters from observation while they are marking their ballot…
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- Case
- [2013] WASC 72
- Decision Date
CaseChat Overview and Summary
The High Court found that the appellant's objection to the form of the voting booths was not a valid or sufficient reason for not voting. The Court held that the obligation to vote in a federal election was a fundamental democratic right and that any objection to the form of the voting booths did not excuse the appellant from this obligation. The Court further held that the question of whether an objection to the form of voting booths was a valid reason had already been determined by a previous decision of the High Court, and that the appellant's objection did not meet the legal threshold for being a valid reason. The Court rejected the appellant's argument that their privacy and dignity were violated by the form of the voting booths, finding that any inconvenience or discomfort experienced by the appellant was minimal and did not excuse them from the obligation to vote.
The Court dismissed the appeal and upheld the conviction of the appellant. The Court held that the appellant's objection to the form of the voting booths was not a valid or sufficient reason for not voting, and that the question of whether such an objection was a valid reason had already been determined by a previous decision of the High Court. The Court further held that the appellant's privacy and dignity were not violated by the form of the voting booths, and that any inconvenience or discomfort experienced by the appellant was minimal and did not excuse them from the obligation to vote. The Court's decision reinforces the importance of voting as a fundamental democratic right and the obligation of all eligible citizens to exercise this right.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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