Horn v Butcher

[2010] WASCA 67

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Electoral Law
2. › Commonwealth
3. › Compulsory voting
4. › Failure to vote
5. › Valid and sufficient reason
6. › Wrong view of the law
7. › Whether sincerely held but legally incorrect belief constitutes valid and sufficient reason
8. › Commonwealth Electoral Act 1918 (Cth), ss 206, 233, 245(15)
1. Appeal
2. › Criminal appeal
3. › Leave to appeal
4. › Reasonable prospect of success
5. › Appeal from refusal of leave by single judge of Supreme Court to Court of Appeal
6. › Criminal Appeals Act 2004 (WA), ss 7(1), 9, 16(2), 18

Quick Take

A sincerely held but legally incorrect belief about non-compliance with polling booth requirements under ss 206 and 233 of the Commonwealth Electoral Act 1918 (Cth) does not constitute a 'valid and sufficient reason' for failing to vote. Persisting in a wrong view of the law after a Federal Court decision has explained why the view is wrong affords no valid reason for non-compliance with the duty to vote.