St. James v. Nelson
| Published date | 01 June 1971 |
| Date | 01 June 1971 |
| DOI | http://doi.org/10.1177/000486587100400209 |
120
CASE
REPORT
AUST. &N.Z. JOURNAL OF CRIMINOLOGY (June, 1971): 4, 2
St. James v. Nelson
County Court Appeals (His Hon. Judge Martin),
heard in Melbourne, 5th February, 19711
THE
appellant,
St.J. gave two performances (22, 23 October, 1961)
in
Melbourne involving
what
was alleged to be
hypnotism
and
what
the
appellant
declared was
auto-hypnotism.
St.J. was convicted in a Magis-
trates'
Court
(12 October 1970)2
for
having
given a public
performance
of
hypnotism
contrary
to
the
provisions of
the
Psychological
Practices
Act,
1965.
The
relevant
section of'
the
Act reads:
s.26 A
person
shall
not
without
the
consent of
the
Council give
any
exhibition
demonstration
or
performance
of
hypnotism
on
any
person,
at
or in
connection
with
an
entertainment
to which
the
public
are
admitted
whether
on
payment
or otherwise.
Section 2 (1)
states
that
"Council"
means
the
Victorian Psychological
Council
and
that
"hypnotism"
includes hypnotism, mesmerism,
and
any
similar
act
or process
which
produces or is
intended
to produce in
any
person
any
form of induced
sleep or
trance
in,
which
the
susceptibility of
the
mind
of
that
person
to suggestion or direction, is increased or
intended
to be increased
but
does
not
include hypnotism, mesmerism or
any
similar
act
or process
which is self induced.
The
appeal
court
was
not
persuaded
that
the
performance
was one of
auto-hypnosis,
the
appellant
giving evidence on
his
own,
behalf
but
calling
no witnesses,
and
the
conviction
and
sentence
was contirmed: $200
and
costs.
It
is of
interest
that
the
Psychological
Practices
Act,
1965 was passed
subsequent to
the
holding of a
Board
of
Inquiry
into
sclentology
and
this,
no doubt, accounts to
the
long
title
of
the
Act:
An Act to provide for
the
Registration
of Psychologists,
the
Protection
of
the
Public from, Unqualified Persons
and
certain
Harmful
Practices
and
for
other
purposes.
Another
feature
to be observed, is
that
the
sections of
the
Act concerned
with
hypnotism
have
virtually be
taken
word for world from
the
English
Hypnotism
Act,
1952- A.A.B.
1.
The
Age (Melbourne),
6th
February,
1971.
2.
The
Age
(Melbourne),
13th
October,
1970.
To continue reading
Request your trial