the promoters of the raffle and the defendant or the person authorized by the informant to purchase the ticket in the raffle, and there was uncontradicted evidence that the promoters did not recognize the document as giving any interest in the intended raffle. The informant accepted the document under the belief that its possession gave a chance to win the raffle, and at the hearing relied upon such belief as evidence under sec. 92 of the Police Offences Act.
Held that the document was not a ticket in a lottery, and sec. 89 (f) of the Police Offences Act had not been infringed.
Held, also, that sec. 92 (1) of the Police Offences Act supplies a rebuttable presumption of fact only.
Decision of the Supreme Court of Victoria (Martin J.) Rowe v. Davidson, (1934) V.L.R. 237, affirmed.
APPEAL from the Supreme Court of Victoria.
Nicholas Daniel Rowe laid an information against Jean Davidson alleging that the defendant on 11th May 1934 at Melbourne sold a ticket in a lottery. The charge was laid under sec. 89 (f) of the Police Offences Act 1928 (Vict.).
The evidence showed that on 11th May 1934 Harry Vincent Casey went to premises situated at No. 137 Elizabeth Street, Melbourne, in company with the informant and another constable. On entering the premises, Casey saw the defendant at a table selling tickets, and also saw exhibited in the shop window a Morris Cowley saloon motor car and also a number of placards. On one of these placards were printed the words: "A motor car for one shilling On another a photograph of a motor car was displayed together with the words: "In aid of the Mildura District Hospital." Casey said to the defendant "I want a ticket in the raffle for the car, at games shall apply
and is no consideration for so doing) raffle at any bazaar the proceeds where-
delivers or gives or knowingly receives of are intended to be appropriated
or accepts any ticket in any lottery exclusively to charitable purposes of
shall be guilty of an offence.' which a notice having the name and
Sec. 92 (1): In any proceedings what address of any of the persons intending
ever under this Part where the inform ant wishes in support of the charge to to has been given to the Attorney-
rely on the fact that any document or such Attorney-General
thing is a lottery ticket in a particular lottery, it shall be permissible and such notice prohibit such raffle by
sufficient in proof of such fact to prove notice sent by post or in any other
that such document or thing was manner according to the address so
bought or accepted under the belief subscribed by such person." Sec. 89
that its possession or production con 'Every person who
ferred permission or authority on the or disposes of or offers for sale or
purchaser holder of or person producing disposal or buys or pays for or (unless
the same to throw or compete or have an interest in such lottery,"