Criminal Law

Questions 1 – 4 fact scenario

Bashar was selected for the Australian cricket team five years ago. He played as a bowler in the team for four years. A year ago he had surgery on his shoulder, and took six months to recover fully. After the surgery, he was prescribed pain killers to assist with the post surgery pain, but his recovery was good and he did not take any  pain killers during the six month recovery period. Two months ago he was selected for the Australian cricket team again. He is sponsored by a major sports clothing manufacturer who have agreed to pay him $20,000 for each test match he plays, with a bonus of $80,000 for each test match the team wins.

In a recent three test series, Australia lost the first two test matches. Bashar told his flatmate Francis how disappointed he was not to have won the test because he really wanted the additional $80,000 to help his mother pay off her mortgage. Francis said to him: “You could always fix the ball up. That team you are playing always does that. That would even things up.” Bashar said “I want to win, but I don’t want to play dirty.”

Three weeks ago, on the morning of the last day of the third test match being played in Sydney, Bashar woke up early with severe pain in his shoulder. He took twice the prescribed amount of pain killers which put him into a trance like state. He lined his pocket with sandpaper which he used to roughen the ball up during the game. This is strictly against the rules of the game. Bashar’s actions on the ball gave the Australian cricket team an advantage, and they won the test match. At the end of the test match, Bashar put his cricket clothes into his sports bag and went home to bed because he was feeling strange. The next morning the major sports clothing manufacturer paid $100,000 into his bank account.

Three days later Bashar arrived at training. He told his coach Christos that he had no recollection of the last day of the test match, and that he felt really strange after the game, and wondered whether it was the pain killers. Later that day, during a public training session which was watched by eleven and twelve year old primary school children, Bashar was not bowling well. Christos yelled at him: “Get your fucking shit together Bashar and bowl like you did in the last test.” One of the primary school teachers supervising the primary school children was horrified and reported Christos to the police. When interviewed by the police, Christos said he forgot the school children were there when he swore at Bashar.

Two weeks after the test match Bashar finally got around to taking his sports bag to his local dry cleaner, Dyson. As Dyson unpacked the clothes and checked the pockets, he pulled the sandpaper out of the pocket. Dyson said to Bashar “What’s this? Were you tampering with the ball on the last day of the test match? I wondered how you won from so far behind. Let’s grab some lunch and have a chat about it.” When they were talking at lunch Bashar told Dyson that he had no recollection of the last day of the test match. Dyson said to him “You will be in serious trouble if anyone finds out you have been blacking out and tampering with the ball. You’ll lose your endorsements and won’t be able to help your mother pay off her mortgage. If you come back to my place and strip off and show me that beautiful body of yours, I won’t tell anyone about what you have done.”

Bashar went back to Dyson’s place and took his clothes off. Dyson took his clothes off too and said “How about a bit of sex? That way you can be extra sure I won’t tell anyone.” Bashar said “I can’t remember what happened, but I don’t want any of this getting out. I’ll have sex with you so you will keep your mouth shut about all this.”

When Bashar got back to his flat, he told his flatmate Francis about finding the sandpaper in the pocket of the cricket pants he was wearing on the last day of the test match, and that he agreed to have sex with Dyson to stop Dyson telling anyone what he had done. Francis was very protective of Bashar and was angry about what Dyson had done. The next morning Francis drove to Dyson’s drying cleaning shop to confront Dyson, but the shop was closed. Francis flicked a cigarette butt into the skip bin stored next to the shop before he left. The cigarette butt caused an explosion and a fire when it ignited dry cleaning fluid. The fire spread to the flat above the dry cleaning shop where Sylvester lived. Sylvester tried to leave the building via the fire door, but Ling, the landlord of the building had inadvertently locked the firedoors during his last inspection of the building. Sylvester was found dead next to the fire door.

 

 

 

Question 1 (20 marks) (answer this question in a SEPARATE Examination Answer Booklet)

Is Bashar guilty of any offences studied in Criminal Law this semester? What defences, if any, could he try to rely on?

 

Question 2 (10 marks) (answer this question in a SEPARATE Examination Answer Booklet)

Is Christos guilty of any offences studied in Criminal Law this semester?

 

Question 3 (10 marks) (answer this question in a SEPARATE Examination Answer Booklet)

Is Dyson guilty of any offences studied in Criminal Law this semester?

 

Question 4 (10 marks) (answer this question in a SEPARATE Examination Answer Booklet)

Is Francis guilty of any offences studied in Criminal Law this semester?

 

 

Question 5 (15 marks) (answer this question in a SEPARATE Examination Answer Booklet)

The Apprehended Domestic Violence Order process achieves very little for victims of domestic violence. A more effective way to assist victims of domestic violence would be to enact a similar provision with the same penalties as s60 of the Crimes Act 1900 (NSW), in which the words ‘a police officer while in the execution of the officer’s duty’ in s60 are replaced with the words ‘another person within whom the person has or has had a domestic relationship’.  Discuss with reference ONLY to the materials studied in this unit and your court visit. In your answer you must make reference to observations made during your court visit.

 

 

Appendix: Statutory Provisions and Cases List

 

Crimes Act 1900 (NSW)

 

Part 1 Preliminary and interpretation

4 Definitions

Dangerous weapon

Grievous bodily harm

Intoxicating substance

Intoxication

Offensive weapon or instrument

Property

4A Recklessness

4B Dishonesty

7 “Possession” when criminal

 

Part 3 Offences against the person

Division 1 Homicide

17A Date of death

18 Murder and manslaughter defined

19A Punishment for murder

19B Mandatory life sentences for murder of police officers

20 Child murder—when child deemed born alive

23A Substantial impairment by abnormality of mind

24 Manslaughter—punishment

25A Assault causing death

25B Assault causing death when intoxicated—mandatory minimum sentence

 

Division 6 Acts causing danger to life or bodily harm

33 Wounding or grievous bodily harm with intent

35 Reckless grievous bodily harm or wounding

 

Division 8 Assaults

59 Assault occasioning actual bodily harm

 

Division 8A Assaults and other actions against police and other law

enforcement officers

60 Assault and other actions against police officers

 

Division 9 Common assaults

61 Common assault prosecuted by indictment

 

Division 10 Offences in the nature of rape, offences relating to other acts of

sexual assault etc

61H Definition of “sexual intercourse” and other terms

• Sexual intercourse

(1A) cognitive impairment

• Under the authority of
• incites

61HA Consent in relation to sexual assault offences

61I Sexual assault

61J Aggravated sexual assault

61JA Aggravated sexual assault in company

61K Assault with intent to have sexual intercourse

61L Indecent assault

61M Aggravated indecent assault

61N Act of indecency

61O Aggravated act of indecency

61S Offenders who are minors

61T Offender married to victim

 

Part 4 Stealing and similar offences

Division 2 Robbery

94 Robbery or stealing from the person

95 Same in circumstances of aggravation

96 Same (robbery) with wounding

97 Robbery etc or stopping a mail, being armed or in company

98 Robbery with arms etc and wounding

Division 5 Larceny

117 Punishment for larceny

118 Intent to return property no defence

120 Trial for larceny—verdict of embezzlement etc

125 Larceny by bailee

Division 6 Embezzlement or larceny

155 Definition of clerk or servant

156 Larceny by clerks or servants

157 Embezzlement by clerks or servants

Part 4AA Fraud

Division 1 Preliminary

192B Deception

192C Obtaining property belonging to another

192D Obtaining financial advantage or causing financial disadvantage

Division 2 Fraud and related offences

192E Fraud

 

Part 11 Criminal responsibility—defences

Division 3 Self-defence

418 Self-defence—when available

419 Self-defence—onus of proof

420 Self-defence—not available if death inflicted to protect property or

trespass to property

421 Self-defence—excessive force that inflicts death

422 Self-defence—response to lawful conduct

423 Offences to which Division applies

 

Part 11A Intoxication

428A Definitions

428B Offences of specific intent to which Part applies

428C Intoxication in relation to offences of specific intent

428D Intoxication in relation to other offences

428E Intoxication in relation to murder, manslaughter and assault causing

death

428F Intoxication in relation to the reasonable person test

428G Intoxication and the actus reus of an offence

428H Abolition of common law relating to self-induced intoxication

428I Application of Part

 

Summary Offences Act 1988 (NSW)

 

Part 1 Preliminary

3 Definitions

(1) building

church

public place

school

 

Part 2 Offences in public and other places

Division 1 Offensive behaviour

4 Offensive conduct

4A Offensive language

 

Crimes (Domestic and Personal Violence) Act (2007)

 

Part 1 Preliminary

3 Definitions

4 Meaning of “personal violence offence”

5 Meaning of “domestic relationship”

6 Meaning of “relative”

7 Meaning of “intimidation”

8 Meaning of “stalking”

 

Part 2 Objects of Act in relation to domestic and personal violence

9 Objects of Act in relation to domestic violence

10 Object of Act in relation to personal violence

 

Part 3 Domestic violence and other offences

11 Meaning of “domestic violence offence”

12 Recording of domestic violence offences

13 Stalking or intimidation with intent to cause fear of physical or mental harm

14 Offence of contravening apprehended violence order

 

Part 4 Apprehended domestic violence orders

15 Application for making of apprehended domestic violence order by court

16 Court may make apprehended domestic violence order

17 Matters to be considered by court

 

Part 5 Apprehended personal violence orders

18 Application for making of apprehended personal violence order by court

19 Court may make apprehended personal violence order

20 Matters to be considered by court

 

Part 8 Content and effect of apprehended violence orders

35 Prohibitions and restrictions imposed by apprehended violence orders

36 Apprehended violence order prohibits stalking, intimidation etc

37 Ancillary property recovery orders may be made

 

 

 

Case list

 

Voluntariness

Ryan (1967) 121 CLR 205 Barwick CJ, Menzies J, Windeyer J

Murray [2002] HCA 26; 211 CLR 193 Gummow and Hayne JJ

Whitfield [2002] NSWCCA 501

Ugle [2002] HCA 25 211 CLR 171

Jiminez (1992) 173 CLR 572

Gillett [2006] NSWCCA 370

Co-incidence between actus reus and mens rea

Meyers (1997) 147 ALR 440

Thabo Meli [1954] 1 All ER 373

Le Brun [1992] 1 QB 61

Fagan [1969] 1 QB 439

Potisk [1973] SASR 389

 

Public Order Offences

Public place

Ward v Marsh [1959] VR 25 Lowe J

Camp [1957] 1 NSWLR 452

Semple v Howes (1985) SASR 34 SASC (in Banco)

Stutsel v Reid (1990) 20 NSWLR 661 Loveday J

‘Offensive’

Ball v McIntyre (1966) 9 FLR 237 Kerr J

Connolly v Willis [1974] 1 NSWLR 373 Wood J

Beck v New South Wales [2012] NSWSC Adams J

Spence v Loguch (unreported NSWSC 12 November 1991)

Police v Butler [2003] NSWLC Magistrate Heilpern

McNamara v Freeburn 5 August 1988 Yeldham J

McCormack v Langham 5 September 1991 Studdert J

Conners v Craigie (1994) 76 A Crim R 502 Dunford J

Dunn (1999) 24(5) Alt LJ 238

Jolly [2009] NSWDC 212 Cogswell DCJ

Stutsel v Reid (1990) 20 NSWLR 661 Loveday J

Heanes v Herangi [2007] WASC 175

Mens rea for offensive behaviour/language

Jeffs v Graham (1987) 8 NSWLR 292

Pregelj and Wurramurra v Manison (1988) 31 A Crim R 383 (NTCCA) Nader J, Rice J

Pfeifer (1996) 68 SASR 285 Doyle CJ

J Quilter and L McNamara ‘Time to define ‘the cornerstone of public order legislation’

Defence of reasonable excuse

Karpik v Zisis (1979) 5 Petty Sessions Review 2055

Conners v Craigie (1994) 76 A Crim R 502 Dunford J

Jolly [2009] NSWDC 212 Cogswell DCJ

Stutsel v Reid (1990) 20 NSWLR 661 Loveday J

Beck v New South Wales [2012] NSWSC Adams J

Constitutional validity

Coleman v Power [2004] HCA 39; 220 CLR 1

Monis v The Queen (2013) 295 ALR 359

Susan Bernobich 2013

Karen Bailey 2014

Interpreting the mens rea in statutory offences

He Kaw Teh (1985) 157 CLR 523

Sherras v de Rutzen [1895] 1 QB 918

Lim Chin Aik [1963] AC 160

Sault Ste Marie (1978) 2 SCR 1299

Proudman v Dayman (1941) 67 CLR 536

Sweet v Parsley [1970] AC 132

Wampfler (1987) 11 NSWLR 541

Hawthorn (Department of Health) v Morcam Pty Ltd (1992) 29 NSWLR 120 Hunt CJ at CL

CTM [2008] HCA 25; 236 CLR 440

Scott (1996) 137 ALR 347

Offences Against the Person:

Common law assault

Darby v DPP (NSW) (2004) 61 NSWLR 558 (NSWCCA) Giles JA

Edwards v Police (1998) 71 SASR 493 Debelle J

Knight (1988) 35 A Crim R 314 (NSWCCA) Lee J

Barton v Armstrong [1969] 2 NSWR 451

Zanker v Vartzokis (1988) 34 A Crim R 11 (SASC) White J

Ireland v Burstow [1998] AC 147 House of Lords

Pemble v R (1971) 124 CLR 107

MacPherson v Brown (1975) 12 SASR 184 Bray CJ

Common law battery

Darby v DPP (NSW) (2004) 61 NSWLR 558 (NSWCCA)

Knight (1988) 35 A Crim R 314 (NSWCCA) Lee J

DPP v JWH (unreported, NSWSC, 17 October 1997)

Fagan v Commissioner of Metropolitan Police [1969] 1 QB 439 James J

Assault occasioning actual bodily harm

Donovan [1934] 2 KB 498

Chan-Fook [1994] 2 All ER 552 English Court of Appeal

Ireland v Burstow [1998] AC 147 House of Lords

Lardener (unreported, NSWCCA, 10 September 1998)

McIntyre [2009] NSWCCA 305 Johnson J

Zanker v Vartzokis (1988) 34 A Crim R 11 (SASC) White J

Grievous bodily harm

Crimes Act 1900 (NSW) s4

DPP v Smith [1961] AC 290 Viscount Kilmuir

Haoui [2008] NSWCCA 209 Beazley JA; Johnson J (McCallum J agreeing)

King [2003] NSWCCA

Wounding

Shepherd [2003] NSWCCA 351 Kirby J

Reckless

Crimes Act 1900 (NSW) s4A

MacPherson v Brown (1975) 12 SASR 184 Bray CJ

Edwards v Police (1998) 71 SASR 493

MacPherson v Beath (1975) 12 SASR 174

Blackwell [2011] NSWCCA 93

Negligence

D [1984] 3 NSWLR 29

 

 

Assault on police officer

Reynhoudt (1962) 107 CLR 381 Dixon CJ and Kitto J dissent; Menzies J (Taylor and Owen JJ agreeing)

He Kaw Teh (1985) 157 CLR 523 Brennan J

Semaan v Poidevin [2013] NSWSC 226 Rothman J NSWSC; [2013] NSWCA 334 Leeming JA (Ward and Emmett JJA agreeing)

Intimidates

Meller v Low [2000] NSWSC 75

Manton [2002] NSWCCA 316

Consent – to injury in sport

Re Jewell (1987) VAR 370 (Vic AAT)

Billinghurst [1978] Crim LR 553 UK

Watherston v Woolven (unreported, SASC, 21 October 1987)

Stanley (unreported, NSWCCA, 7 April 1995)

Co-incidence between actus reus and mens rea

Fagan v Commissioner of Metropolitan Police [1969] 1 QB 439 James J

 

Self-defence

Katarzynski [2000] NSWSC 613 Howie J

Burgess; Saunders [2005] NSWCCA 52 Adams J, Newman J, Hislop J

R v PRFN (unreported, NSWCCA 21 June 2000) Giles JA

Colosimo v DDP (NSW) [2006] NSWCCA 293 Hodgson JA

Abbosh & Bene [2011] NSWCCA 265

Crawford [2008] NSWCCA 166

Excessive self-defence

Grant [2014] NSWCCA

Lane [2013] NSWCCA 317

Ryan and Coulter [2013] NSWCCA 175

 

Sexual Offences

Consent

Clarke (unreported NSWCCA 17 April 1998)

Negating consent s61HA(4) – (5); (6)

Aitken [2005] NSWCCA 328

Flattery (1877) 2 QBD 410

Papadimitropoulos (1957) 98 CLR 249

Mobilio [1991] VR 339

Gillard [2014] HCR 16; ALJR 606

Mens rea as to consent – s61HA (3), s61HA(5)

Hemsley (1988) 36 A Crim R 334 NSWCCA

Kitchener (1993) 29 NSWLR 696 NSWCCA Kirby P

Tolmie (1995) 37 NSWLR 660 NSWCCA Kirby P

Banditt [2005] HCA 80; 224 CLR 262

Gillard [2014] HCR 16; ALJR 606 HC

Aggravated sexual assault

Offensive weapon or instrument RJS (1993) 31 NSWLR 649

In company 

Crozier (unreported, NSWCCA 8 March 1996)

Button; Griffen [2002] NSWCCA 159; 54 NSWLR 455

Under authority of alleged offender

KSC [2012] NSWCCA 179

DH (1997) 4 Crim LN 725

Indecent assault actus reus

Meaning of ‘indecent’

Fairclough v Whipp (1951) 35 Cr App R 138

DPP v Rogers [1953] 2 All ER 644 at 645

Harkin (1989) 38 A Crim R 296 Lee J

Court (1988) 87 Cr App R 144 at 145 Lord Ackner

Sorlie (1925) 25 SR 532 at 535

Johnson [1968] SASR 132

Fitzgerald v Kennard (1995) 38 NSWLR 184 199

Mens rea for indecent assault

Court (1988) 87 Cr App R 144 at 145 Lord Ackner

Fitzgerald v Kennard (1995) 38 NSWLR 184 199

Act of Indecency

Fairclough v Whipp (1951) 35 Cr App R 138

DPP v Rogers [1953] 2 All ER 644 at 645

Harkin (1989) 38 A Crim R 296 Lee J

Court (1988) 87 Cr App R 144 at 145 Lord Ackner

DPP v Eades [2009] NSWSC 1352 James J

Chonka [2000] NSWCCA 466

Barrass [2005] NSWCCA 13

 

Dishonest Acquisition

Larceny

Statement of Principle Illich (1987) 162 CLR 110

Something capable of being stolen

Croton (1967) 117 CLR 326

Anic (1993) 61 SASR 223

In possession of another

Anic (1993) 61 SASR 223

Williams v Phillips (1957) 41 Cr App R 5

Hibbert v McKiernan [1948] 2 KB 142

Taken and carried away – asportation

Wallis v Lane [1964] VR 293 Herring CJ

Potisk (1973) 6 SASR 389

Without consent of possessor

Middleton (1873) LR 2 CCR 38

Kennison v Daire (1986) 60 ALRJ 249

Kolosque v Miyazaki (unreported, NSWSC 17 February 1995) Dowd J

Intent to permanently deprive

Foster (1967) 118 CLR 117

Lowe v Hooker [1987] Tas R

Sharp v McCormick [1986] VR 869

Beecham (1851) 5 Cox CC 181

Lloyd [1985] 1 QB 829

Weatherstone (1987) 8 Petty Sessions Review 3729 (NSWCCA) Street CJ, Findlay J

Fraudulently or dishonestly

Weatherstone (1987) 8 Petty Sessions Review 3729 (NSWCCA) Street CJ

Peters (1998) 192 CLR 493 Toohey and Gaudron JJ

MacLeod [2003] HCA 24; 214 CLR 230

Baartman [1998] NSWSC 643

 

 

Without a claim of right made in good faith

Walden v Hensler (1987) 163 CLR 561

Fuge (2001) 123 A Crim R 310 NSW CCA Wood CJ at CL

Goodsell v Yunupingu [1999] ALJR 19

Fraud

Actus reus of deception

M [1980] 2 NSWLR 195

Bryan (1857) Dears B 265

Patmoy (1944) 62 WN (NSW) 1

Barnard (1837) 7 C&P 784

DPP v Ray [1974] AC 370

Silverman (1988) 86 Cr App 213

Mens rea for deception

Stokes and Difford (1990) 51 A Crim R 25

Obtaining a financial advantage

Vasic [2005] VSCA 38 Nettle JA

Walsh (1990) 52 A Crim R 80

Murphy [1987] Tas R 178 Nettlefold J

Coelho v Durbin (unreported, NSWSC 29 March 1993 BC9304122) Badgery-Parker J

Causing a financial disadvantage

Matthews v Fountain [1982] VR 1045

Mens rea for obtaining financial advantage or causing a financial disadvantage

He Kaw Teh (1985) 157 CLR 523

Murphy [1987] Tas R 178

Causation

Ho and Szeto (1989) 39 A Crim R 145 NSWCCA

Clemesha [1978] WAR 193

Claim of right

Love (1989) 17 NSWLR 608

 

 

Unlawful Homicide

Actus reus

Protecting the foetus

St George’s Healthcare NHS Trust v S [1998] 3 All ER 673

Child born alive

F (1993) 40 NSWLR 245

Whelan [2012] NSWCCA 147

Iby (2005) 63 NSWLR 278

Death

Human Tissue Act 1983 s33

Omission

Instan [1893] 1 QB 450

Russell  [1933] VLR 59

Stone v Dobinson [1977] 1 QB 354 Geoffrey Lane LJ

Taktak (1988) 14 NSWLR 226 NSWSC Yeldham J; Carruthers

People v Beardsley 113 NW 1128 (1907)

Jones v United States of America (1962) 308 F 2d 307

R v Nicholls (1874) 13 Cox CC 75

Burns [2012] HCA 25; 246 CLR 334

Sood (Ruling No 3) [NSW] NSWSC 762 Simpson J

Sam [2011] NSWCCA 36 McCellan CJ at CL for the court

Wacker [2002] EWCA Crim 1944 Eng CA

Taber (2002) 56 NSWLR 443

BW &SW (No 1) [2009] NSWSC 529; (No 3) [2009] NSWSC 1043

Causation

Smith [1959] 2 QB 35 Lord Parker CJ

Royall (1991) 172 CLR 378 Mason CJ; Deane and Dawson JJ; Brennan J; McHugh J; Gaudron and Toohey JJ

R v Grimes and Lee (1894) 15 NSWR(L) 209

Campbell v The Queen [1981] WAR 286 Burt CJ

Hallett [1969] SASR 141 SASC in Banco

Blaue [1975] 3 All ER 446 Eng CA, Crim Div Lawton LJ

R v Jordan (1956) 40 Cr App R 152

Burns [2012] HCA 25; 246 CLR 334

Justins [2010] NSWCCA 242

McAuliffe and McAuliffe (1993) 70 A Crim R 303

Rik [2004] NSWCCA 282

Pagett (1983) 76 Cr App R 279

Malcherek v Steel [1981] 2 All ER 422 Eng CA

Cheshire [1991] 3 All ER 670

Dyson [1908] 2 KB 454

Adams (1957)

Murder mens rea intent and reckless indifference to human life

Crabbe (1985) 156 CLR 464

Royall (1991) 172 CLR 378

Constructive Murder

Ryan (1967) 121 CLR 205 Barwick CJ, Menzies J, Windeyer J

Munro (1981) 4 A Crim R 67 NSWCCA Street CJ

Foster (1995) 78 A Crim R 517

Hudd [2013] NSWCCA 57

Manslaughter by unlawful and dangerous act

Unlawful act

R v Franklin (1883) 15 Cox CC 163

Cornelissen [2004] NSWCCA

Downs (1985) 18 A Crim R 75

Lamb [1967] 2 QB 981

Pullman (1991) 58 A Crim R 222

Cramp [1999] NSWCCA 324

Lowe [1973] 1 QB 702

Burns [2012] HCA 25; 246 CLR 334

Cato [1976] 1 WLR 110

Kennedy (No 2) [2007] UKHL 38; [2008] 1 CA 269

Wilhelm [2010] NSWSC

Riley [2011] NSWCCA 238

Quoc Cao NSWDC

Dangerous

Wilson (1992) 174 CLR 313

Characteristics of the reasonable person

Wills [1983] 2 VR 20 Lush J, Fullagar J

Cornelissen [2004] NSWCCA

DPP v Ty [2006] VSC

Manslaughter by criminal negligence

Nydam [1977] VR 430 VSC FC

Lavender [2005] HCA 37 Gleeson CJ, McHugh, Gummow, Hayne JJ; Kirby J; Heydon and Callinan JJ

Sood (Ruling No 3) [NSW] NSWSC 762 Simpson J

Cittadini [2009] NSWCCA 302

Patel [2012] HCA 29; 247 CLR 531

Sam [2011] NSWCCA 36 McCellan CJ at CL for the court

 

Defence of Mental illness (insanity)

Mental Health (Forensic Provisions) Act 1990

s37 Explanation to jury

s38 Special verdict

s39 Effect of finding and declaration of mental illness

Availability in Local Courts

McMahon [2006] NSWDC 81

Definition and elements

M’Naghten’s Case [1843-1860] HL Tindal CJ

Porter (1933) 55 CLR 182 Dixon J

Da-Pra [2014] NSWCCA 211 Emmett JA

Cheatham [2000] NSWCCA 282

Bratty v Attorney-General for Northern Ireland [1963] AC 386

Falconer (1990) 171 CLR 30

 

Automatism

Falconer (1990) 171 CLR 30

Donyadideh (unreported FCA 2 August 1995)

Stone [1999] 2 SCR 290

Singh (2003) 86 SASR 473

Quick and Paddison [1973] 1 QB 910

Hennessy [1989] 2 All ER 9

Sullivan (1983) 77 Cr App R 176

Burgess [1991] 2 WLR 1206

Parks (1992) 95 DLR (4^th) 27

Wogandt (1983) 33 A Crim R 31 QCCA

Hawkins (1994) 179 CLR 500

 

Substantial impariment

Byrne [1960] 2 QB 396 Lord Parker CJ

Potts [2012] NSWCCA 229

 

 

 

 

 

 

 

END OF EXAM PAPER