R v Hanson; R v Ettridge

The appellants, Hanson and Ettridge, were convicted by a jury in the District Court of Victoria for offences under section 408C of the Criminal Code, relating to the illegal registration of political party members. The case was heard and determined by the Court of Appeal of the Supreme Court of Victoria. The central issue before the court was whether the applicants had joined a political party or a separate support organisation, and whether they were guilty of the charged offences. The court was also required to decide whether the jury had been adequately instructed on the concept of aiding under section 7 of the Criminal Code and whether the insufficiency of the Crown's evidence precluded a fresh trial.

The court held that the objective contract theory should be applied in determining whether the applicants had joined a political party or a support organisation. Subjective statements of intent or interpretation were deemed irrelevant in this determination. The court further found that the political party and the support organisation were not "related political parties" under the Electoral Act 1992. The court held that the jury had not been adequately instructed on the concept of aiding under section 7 of the Criminal Code. Consequently, the court found that the insufficiency of the Crown's evidence precluded a fresh trial. The court allowed the appeals, quashed the convictions and sentences imposed, and directed that judgments and verdicts of acquittal be entered. The applications for leave to appeal against sentence were dismissed.