Kembaraxtra-Case Law- Curr (1968) CA

Case Brief

• Case Name: Curr (1968) CA
• Court: Court of Appeal

Key Facts

• Defendant's Actions: The defendant (D) was involved in a scheme of trafficking family allowance books.
• D lent money in exchange for family allowance books.
• These books contained pre-signed vouchers.
• Agents, acting under D's direction, would then cash these vouchers.

Legal Issue

• Whether D was guilty of incitement to solicit the agents to commit a summary offence.

Court's Holding

• D was not guilty of incitement.

Reasoning

• The court held that D could only be guilty of incitement if the agents knew their actions constituted an offence.

Legal Principle/Key Takeaway

• For incitement to a summary offence, the incited party (the agent in this case) must have knowledge that their actions are illegal. Ignorance of the law on the part of the incited individual precludes a charge of incitement against the inciter.