R v Bromhead

Case

23 December 1946


Details
AGLC Case Decision Date
R v Bromhead [1946] HCA 57 23 December 1946

CaseChat Overview and Summary

The case of *R v Bromhead* concerned a prosecution for an offence under the National Security (Prices) Regulations. The defendant, Bromhead, was charged with selling declared goods at a price exceeding the maximum price fixed by the Prices Commissioner. The dispute centred on whether the goods sold by Bromhead were indeed "declared goods" for the purposes of the regulations.

The central legal issue before the court was whether the goods in question had been validly declared by the Prices Commissioner. Specifically, the court had to determine if the declaration, as published in the relevant gazette, sufficiently identified the goods to render the defendant liable for contravening the regulations.

The court reasoned that for a declaration of goods under the National Security (Prices) Regulations to be effective, it must be sufficiently certain and unambiguous to inform those affected of its scope. The publication in the gazette was found to be inadequate in its description of the goods, rendering the declaration void for uncertainty. Consequently, the defendant could not be found guilty of selling goods at a price exceeding a maximum that had not been validly fixed.

The appeal was allowed, and the conviction was quashed.
Details

Areas of Law

  • Criminal Law

  • Statutory Interpretation

Legal Concepts

  • Charge

  • Statutory Construction

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0