(High Court of Australia) An Australian citizen, was convicted of uttering seditious words, contrary to Section 24 of the Crimes Act 1914-1946. Under S24B seditious words were words expressive of a seditious intention, and a seditious intention, by virtue of Section 24A included, amongst other things, an intention to excite disaffection against the Government or Constitution of the Commonwealth [of Australia].
Held: The court was divided as to whether the necessary intention was present on the facts. Rich J: ‘Disaffection connotes enmity and hostility, estranged allegiance, disloyalty, hostility to constituted authority or to a particular form of political government’. reflecting the dictionary definition of disaffection. Latham CJ stated that ”disaffection’ in the context in which it is used means more . . than political opposition.’
Judges:
Latham CJ, Rich J
Citations:
[1949] 79 CLR 101
Cited by:
Cited – Secretary of State for the Home Department v Hicks CA 12-Apr-2006
The claimant was held as a suspected terrorist by the US government in Guantanamo Bay. He had Australian citizenship but qualified also for British citizenship. He had sought that citizenship and protection. The secretary of state appealed an order . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Crime
Updated: 10 May 2022; Ref: scu.240382