Vockler v The King

[1919] HCA 29

26 CLR 366

KING AND ANOTHER

RESPONDENTS. Gaming and Betting-Advertisement-Information as to horse-races-Intent to

induce application to house-Betting-houseGaming and Betting Act 1912 (N.S.W.) (No. 25 of 1912), sec. 47.

Sec. 47 of the Gaming and Betting Act 1912 (N.S.W.) provides (inter alia) that whosoever publishes or causes to be published any advertisement " (b) with intent to induce any person to apply to any house, office, room, or place,

26 CLR 367

or person with a view of obtaining information or advice respect to " any event or contingency relating to horse-races, &., shall be liable to a certain penalty.

Held, that in order to constitute an offence under the section it is not neces- sary that the house, office, room or place should be one used as a betting- house within the meaning of the Act.

Special leave to appeal from the Supreme Court of New South Wales Ex parte Vockler, 19 S.R. (N.S.W.), 163, refused.

APPLICATION for special leave to appeal.

At the Central Police Court, Sydney, before Mr. McKensey S.M., an information was heard whereby John Charles King charged that Alfred Vockler did on 14th March 1919 cause to be published in the Sun newspaper an advertisement with intent to induce any person to apply to an office situate at Gibbs Chambers, 7 Moore Street, Sydney, with a view to obtaining information or advice with respect to an event or contingency relating to a horse-race.

The advertisement stated that Vockler was the editor and founder of Vockler's Turf Searchlight, and contained the following state- ments :- " A treble programme will be included in Vockler's Turt Searchlight issued at 9 a.m. to-morrow. Rosehill, Rosebery, Flemington (Newmarket Handicap), Australian Cup. The Search- light forecasted the winning double last year-Cetigne and Defence. Will history. repeat itself ? Wait, watch and see. The Search- light's great record for consistency. 27 winners for the last five meetings." 'The Searchlight is only obtainable at Gibbs Chambers, 7 Moore Street, Sydney." The issue of the Turt Searchlight for 15th March 1919 contained tips for various forthcoming horse- races There was no evidence that the office at Gibbs Chambers was used as a betting-house.

The defendant, having been convicted, obtained a rule nisi for a prohibition on the ground (inter alia) that the publication of the advertisement was not an offence within the meaning of sec. 47 of the Gaming and Betting Act 1912. The Full Court dis- charged the rule nisi: Ex parte Vockler 1.

The defendant now applied for special leave to appeal from that decision to the High Court.

119 S.R. (N.S.W.), 163. 26 CLR 368

Bryant, in support of the application. Part III. of the Gaming and Betting Act 1912, in which sec. 47 occurs, deals with the suppres- sion of betting-houses. The words "house, office, room, or place are used in the other sections in Part III. as meaning a house, &., used as a betting-house, and they should be read with that meaning in sec. 47 (Prior v. Sherwood 1 ). That section is intended to cover the case of an invitation to a place where the invitee will obtain advice as to a bet to be made there, and does not include a case where the advice to be given will be as to bets to be made on a race-course, which are permitted by the Act. [Counsel also referred to Cox v. Andrews 2; Stoddart v. Sagar 3; Potter v. Ridsdale 4.

BARTON J. The Court will not grant special leave. Speaking for myself, I do not see any reason for doubting the conclusion at which the Supreme Court arrived.

ISAACS J. I agree.

GAVAN DUFFY J. I agree.

RICH J. I agree:

Special leave to appeal refused. Solicitors, Webster &Maclean, Sydney.

13 C.L.R. 1054. 212 Q.B.D., 126. 3(1895) 2 Q.B., 474. 4