Criminal Codes Appellate Decisions
Last Updated: 17/01/2012
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January 2012
Raux v The State of Western Australia [2012] WASCA 001
| Western Australia | Queensland | Northern Territory | Tasmania |
|---|---|---|---|
| s 23B s 23B Criminal Code 1913 Accident
| s 23 s 23 Criminal Code 1899 Intention—motive1. Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for—
| s 31 s 31 Criminal Code 1983 Unwilled act etc. and accident
| s 13 s 13 Criminal Code 1924 Intention and motive
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September 2011
R v Spajic [2011] QCA 232
| Queensland | Northern Territory | Tasmania | Western Australia |
|---|---|---|---|
| s 267 s 267 Criminal Code 1899 Defence of dwellingIt is lawful for a person who is in peaceable possession of a dwelling, and any person lawfully assisting him or her or acting by his or her authority, to use force to preve...(click link for section details) | NONE | s 40 s 40 Criminal Code 1924 Defence of dwelling-houseIt is lawful for any person who is in peaceable possession of a dwelling-house, and for any person lawfully assisting him or acting by his authority, to use such force...(click link for section details) | s 244 s 244 Criminal Code 1913 Defence against home invasion1. It is lawful for a person the occupant. who is in peaceable possession of a dwelling to use any force or do anything else that the occupant believes, on reason...(click link for section details) |
| s 271(2) s 271(2) Criminal Code 1899 If the nature of the assault is such as to cause reasonable apprehension of death or grievous bodily harm, and the person using force by way of defence believes, on reasonable grounds, that the person...(click link for section details) | s 43BD s 43BD Criminal Code 1983 Self-defence
| s 46 s 46 Criminal Code 1924 Self-defence and defence of another personA person is justified in using, in the defence of himself or another person, such force as, in the circumstances as he believes them to be, it is reas...(click link for section details) | s 248 s 248 Criminal Code 1913 Self-defence
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R v RAI [2011] QCA 064
| Queensland | Northern Territory | Tasmania | Western Australia |
|---|---|---|---|
| s 26 s 26 Criminal Code 1899 Presumption of sanityEvery person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question, until the contrary is proved....(click link for section details) | s 43D s 43D Criminal Code 1983 Presumption of competence and burden of proof1. A person is presumed not to have been suffering a mental impairment unless the contrary is proved. 2. The party raising the defence o...(click link for section details) | s 15 s 15 Criminal Code 1924 Presumption of sanityEvery person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question, until the contrary is proved....(click link for section details) | s 26 s 26 Criminal Code 1913 Presumption of sanityEvery person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question, until the contrary is proved....(click link for section details) |
| s 613 s 613 Criminal Code 1899 Want of understanding of accused person1. If, when the accused person is called upon to plead to the indictment, it appears to be uncertain, for any reason, whether the person is capable of u...(click link for section details) | s 43J s 43J Criminal Code 1983 When is a person unfit to stand trial?1. A person charged with an offence is unfit to stand trial if the person is:
s 43K Criminal Code 1983 Presumption of fitness to stand trial and burden of proof1. A person is presumed to be fit to stand trial. 2. The presumption of fitness to stand trial is rebutted only if it is establ...(click link for section details) s 43N Criminal Code 1983 Institution of investigation of fitness of accused person1. The question of whether an accused person is fit to stand trial may be raised in the court by the prosecution or the defence, or b...(click link for section details) s 43P Criminal Code 1983 Procedure for conduct of investigation1. At the commencement of the investigation, the Judge must explain to the jury:
| NONE | NONE |
R v Jobling [2011] QCA 031
| Queensland | Northern Territory | Tasmania | Western Australia |
|---|---|---|---|
| s 7(1)(a) s 7(1)(a) Criminal Code 1899 every person who actually does the act or makes the omission which constitutes the offence;...(click link for section details) | s 12 s 12 Criminal Code 1983 Abettors and accessories before the fact1. When an offence is committed, the following persons also are deemed to have taken part in committing the offence and may be charged with actually comm...(click link for section details) | s 3 s 3 Criminal Code 1924 Which parties to crimes to be deemed principals in the first degree
| s 7 s 7 Criminal Code 1913 Principal offendersWhen an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with a...(click link for section details) |
Lacey v Attorney-General of Queensland [2011] HCA 010
| Queensland | Northern Territory | Tasmania | Western Australia |
|---|---|---|---|
| s 669A(1) s 669A(1) Criminal Code 1899 The Attorney-General may appeal to the Court against an order staying proceedings or further proceedings on an indictment....(click link for section details) | s 411 s 411 Criminal Code 1983 Determination of appeal in ordinary cases
s 413 Criminal Code 1983 Power to grant new trialOn an appeal against a finding of guilt on indictment the Court may, either of its own motion or on the application of the appellant, order a new trial in such manner a...(click link for section details) | s 402 s 402 Criminal Code 1924 Determination of appeals1. On an appeal the Court shall allow the appeal if it is of opinion that the verdict of the jury should be set aside on the ground that it is unreasonable, or cannot ...(click link for section details) s 404 Criminal Code 1924 Power to order new trial
| s 30 s 30 Criminal Appeals Act 2004 Appeal against conviction, decision on
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R v Hunter [2011] QCA 166
| Queensland | Northern Territory | Tasmania | Western Australia |
|---|---|---|---|
| s 668E(1) s 668E(1) Criminal Code 1899 The Court on any such appeal against conviction shall allow the appeal if it is of opinion that the verdict of the jury should be set aside on the ground that it is unreasonable, or can not be support...(click link for section details) | s 411 s 411 Criminal Code 1983 Determination of appeal in ordinary cases
| s 402 s 402 Criminal Code 1924 Determination of appeals1. On an appeal the Court shall allow the appeal if it is of opinion that the verdict of the jury should be set aside on the ground that it is unreasonable, or cannot ...(click link for section details) | s 30 s 30 Criminal Appeals Act 2004 Appeal against conviction, decision on
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R v Dykstra [2011] QCA 175
| Queensland | Northern Territory | Tasmania | Western Australia |
|---|---|---|---|
| s 668E s 668E Criminal Code 1899 Determination of appeal in ordinary cases
| s 411 s 411 Criminal Code 1983 Determination of appeal in ordinary cases
| s 402 s 402 Criminal Code 1924 Determination of appeals1. On an appeal the Court shall allow the appeal if it is of opinion that the verdict of the jury should be set aside on the ground that it is unreasonable, or cannot ...(click link for section details) | s 30 s 30 Criminal Appeals Act 2004 Appeal against conviction, decision on
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Wong v The State of Western Australia [2011] WASCA 056
| Queensland | Northern Territory | Tasmania | Western Australia |
|---|---|---|---|
| s 668E(1A) s 668E(1A) Criminal Code 1899 However, the Court may, notwithstanding that it is of the opinion that the point or points raised by the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no ...(click link for section details) | s 411 s 411 Criminal Code 1983 Determination of appeal in ordinary cases
| s 402 s 402 Criminal Code 1924 Determination of appeals1. On an appeal the Court shall allow the appeal if it is of opinion that the verdict of the jury should be set aside on the ground that it is unreasonable, or cannot ...(click link for section details) | s 30(5) s 30(5) Criminal Appeals Act 2004 If the Court of Appeal allows the appeal, it must set aside the conviction of the offence (offence A) and must -
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Walsh v The State of Western Australia [2011] WASCA 119
| Western Australia | Queensland | Northern Territory | Tasmania |
|---|---|---|---|
| s 30(3) s 30(3) Criminal Appeals Act 2004 The Court of Appeal must allow the appeal if in its opinion -
| s 668E(1) s 668E(1) Criminal Code 1899 The Court on any such appeal against conviction shall allow the appeal if it is of opinion that the verdict of the jury should be set aside on the ground that it is unreasonable, or can not be support...(click link for section details) | s 411 s 411 Criminal Code 1983 Determination of appeal in ordinary cases
| s 402 s 402 Criminal Code 1924 Determination of appeals1. On an appeal the Court shall allow the appeal if it is of opinion that the verdict of the jury should be set aside on the ground that it is unreasonable, or cannot ...(click link for section details) |
| s 320 s 320 Criminal Code 1913 Child under 13, sexual offences against1. In this section child means a child under the age of 13 years. 2. A person who sexually penetrates a child is guilty of a crime and is liable to ...(click link for section details) | s 210(1)(a) s 210(1)(a) Criminal Code 1899 unlawfully and indecently deals with a child under the age of 16 years;...(click link for section details) | s 132(2)(a) s 132(2)(a) Criminal Code 1983 indecently deals with a child under the age of 16 years;...(click link for section details) | s 125B s 125B Criminal Code 1924 Indecent act with young person
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Fragomeni v The State of Western Australia [2011] WASCA 067
| Western Australia | Queensland | Northern Territory | Tasmania |
|---|---|---|---|
| s 30 s 30 Criminal Appeals Act 2004 Appeal against conviction, decision on
| s 668E(1A) s 668E(1A) Criminal Code 1899 However, the Court may, notwithstanding that it is of the opinion that the point or points raised by the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no ...(click link for section details) | s 411 s 411 Criminal Code 1983 Determination of appeal in ordinary cases
| s 402 s 402 Criminal Code 1924 Determination of appeals1. On an appeal the Court shall allow the appeal if it is of opinion that the verdict of the jury should be set aside on the ground that it is unreasonable, or cannot ...(click link for section details) |
