R v Snow

Case

[1917] HCA 25

7 June 1917


Details
AGLC Case Decision Date
R v Snow [1917] HCA 25 [1917] HCA 25 7 June 1917

CaseChat Overview and Summary

In *R v Snow*, the High Court of Australia considered the meaning of "trading with the enemy" under the *Trading with the Enemy Acts 1914* (Cth) and relevant Imperial Proclamations. The case concerned the appellant, Snow, who was charged with trading with the enemy.

The central legal issue before the Court was whether communications between the appellant and individuals in enemy territory, for the purpose of conducting business, constituted "trading with the enemy" at common law and under the relevant legislation. This required the Court to interpret the scope of commercial intercourse prohibited by the Acts and Proclamations during wartime.

The Court reasoned that "trading with the enemy" at common law encompassed any commercial intercourse with an enemy, regardless of whether it resulted in a profit or loss. The intention to carry on business was sufficient. The Court held that the appellant's actions, which involved communicating with individuals in enemy territory to arrange business matters, fell within this definition. The *Trading with the Enemy Acts 1914* and the Proclamations were intended to give effect to this broad common law prohibition.

The High Court dismissed the appeal, upholding the conviction of the appellant for trading with the enemy.
Details

Areas of Law

  • Criminal Law

  • Statutory Interpretation

Legal Concepts

  • Charge

  • Intention

  • Statutory Construction

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Cases Citing This Decision

6

R v Benz [1989] HCA 64
Davern v Messel [1984] HCA 34
Bellemore v Tasmania [2006] TASSC 111
Cases Cited

0

Statutory Material Cited

0