William Heinemann Ltd v Kyte-Powell

[1960] HCA 32

HIGH COURT OF AUSTRALIA

Dixon C.J., Kitto and Menzies JJ.

WILLIAM HEINEMANN LTD. v. KYTE-POWELL

(1960) 103 CLR 351

1 June 1960

Police Offences (Vict.)

Police Offences (Vict.)—Obscene and indecent publications—Work of recognized literary merit—Keeping not justified having regard to persons into whose hands work likely to come—Onus of proof—Police Offences Act 1958 (No. 6337) (Vict.), s. 180.

Decision

June 1.
The judgment of the Court was delivered by DIXON C.J.: -
We think, upon the construction of s. 180, that once it affirmatively appears that a work falls within the earlier part of s. 180, for example, that it is a work of recognized literary or artistic merit, it is outside the operation of Pt. V, unless the magistrate is satisfied postively, upon the material before him, that the publishing etc. was not justified; but we think that in this case the magistrate was so satisfied, and that we ought not to give special leave to appeal merely to investigate the question whether he had sufficient material before him for that conclusion. (at p352)

2. Special leave will therefore be refused. (at p352)

Orders

Special leave refused.