Quick Search

Criminal Codes Appellate Decisions

Last Updated: 17/01/2012

Search section
Jurisdiction*:
Legislation*:
Please Select Jurisdiction
Section*:
Please Select Legislation
  * Asterisks denote required fields.
Disclaimer
Browse by month
Legislation

Northern Territory

Queensland

Tasmania

Western Australia

Recent Additions

This list is also available as a RSS feed.

January 2012

Western AustraliaQueenslandNorthern TerritoryTasmania
s 23B
s 23B Criminal Code 1913

Accident

  1. This section is subject to the provisions in Chapter XXVII andsection 444A relating to negligent acts and omissions.

  2. A person is not criminally responsible for an event which ...(click link for section details)

Criminal Code 1913
s 23
s 23 Criminal Code 1899

Intention—motive

1. Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for—

a. an act or omission that occ...(click link for section details)

  Criminal Code 1899
s 31
s 31 Criminal Code 1983

Unwilled act etc. and accident

  1. A person is excused from criminal responsibility for an act, omission or event unless it was intended or foreseen by him as a possible consequence of his conduct...(click link for section details)
  Criminal Code 1983
s 13
s 13 Criminal Code 1924

Intention and motive

  1. No person shall be criminally responsible for an act, unless it is voluntary and intentional; nor, except as hereinafter expressly provided, for an event which occurs by c...(click link for section details)
  Criminal Code 1924

September 2011

R v Spajic [2011] QCA 232

QueenslandNorthern TerritoryTasmaniaWestern Australia
s 267
s 267 Criminal Code 1899

Defence of dwelling

It 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)

Criminal Code 1899
NONEs 40
s 40 Criminal Code 1924

Defence of dwelling-house

It 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)

  Criminal Code 1924
s 244
s 244 Criminal Code 1913

Defence against home invasion

1. 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)

  Criminal Code 1913
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)

Criminal Code 1899
s 43BD
s 43BD Criminal Code 1983

Self-defence

  1. A person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in self-defence.

  2. A person carries out conduct in self-...(click link for section details)

  Criminal Code 1983
s 46
s 46 Criminal Code 1924

Self-defence and defence of another person

A 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)

  Criminal Code 1924
s 248
s 248 Criminal Code 1913

Self-defence

  1. In this section —

    harmful act means an act that is an element of an offence under this Part other than Chapter XXXV.

  2. A harmful act done by a person is lawful if th...(click link for section details)

  Criminal Code 1913

R v RAI [2011] QCA 064

QueenslandNorthern TerritoryTasmaniaWestern Australia
s 26
s 26 Criminal Code 1899

Presumption of sanity

Every 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)

Criminal Code 1899
s 43D
s 43D Criminal Code 1983

Presumption of competence and burden of proof

1. 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)

  Criminal Code 1983
s 15
s 15 Criminal Code 1924

Presumption of sanity

Every 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)

  Criminal Code 1924
s 26
s 26 Criminal Code 1913

Presumption of sanity

Every 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)

  Criminal Code 1913
s 613
s 613 Criminal Code 1899

Want of understanding of accused person

1. 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)

Criminal Code 1899
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:

a. unable to understand the nature of the charge against him or her; ...(click link for section details)

, s 43K
s 43K Criminal Code 1983

Presumption of fitness to stand trial and burden of proof

1. 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
s 43N Criminal Code 1983

Institution of investigation of fitness of accused person

1. 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
s 43P Criminal Code 1983

Procedure for conduct of investigation

1. At the commencement of the investigation, the Judge must explain to the jury:

a. the reason for the investigation;

b. the findings tha...(click link for section details)

  Criminal Code 1983
NONENONE

R v Jobling [2011] QCA 031

QueenslandNorthern TerritoryTasmaniaWestern 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)

Criminal Code 1899
s 12
s 12 Criminal Code 1983

Abettors and accessories before the fact

1. 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)

  Criminal Code 1983
s 3
s 3 Criminal Code 1924

Which parties to crimes to be deemed principals in the first degree

  1. Where a crime is committed, each of the following persons is deemed to be a party to, and to be guilty of, the crime, and ...(click link for section details)
  Criminal Code 1924
s 7
s 7 Criminal Code 1913

Principal offenders

When 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)

  Criminal Code 1913
QueenslandNorthern TerritoryTasmaniaWestern 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)

Criminal Code 1899
s 411
s 411 Criminal Code 1983

Determination of appeal in ordinary cases

  1. The Court on any such appeal against a finding of guilt shall allow the appeal if it is of the opinion that the verdict of the jury should be set asid...(click link for section details)
, s 413
s 413 Criminal Code 1983

Power to grant new trial

On 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)

  Criminal Code 1983
s 402
s 402 Criminal Code 1924

Determination of appeals

1. 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
s 404 Criminal Code 1924

Power to order new trial

  1. On any appeal the Court may, either of its own motion or on the application of the appellant, order a venire de novo or new trial at such time and place as it thin...(click link for section details)
  Criminal Code 1924
s 30
s 30 Criminal Appeals Act 2004

Appeal against conviction, decision on

  1. This section applies in the case of an appeal against a conviction by an offender.

  2. Unless under subsection (3) the Court of Appeal allows the app...(click link for section details)

  Criminal Appeals Act 2004

R v Hunter [2011] QCA 166

QueenslandNorthern TerritoryTasmaniaWestern 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)

Criminal Code 1899
s 411
s 411 Criminal Code 1983

Determination of appeal in ordinary cases

  1. The Court on any such appeal against a finding of guilt shall allow the appeal if it is of the opinion that the verdict of the jury should be set asid...(click link for section details)
  Criminal Code 1983
s 402
s 402 Criminal Code 1924

Determination of appeals

1. 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)

  Criminal Code 1924
s 30
s 30 Criminal Appeals Act 2004

Appeal against conviction, decision on

  1. This section applies in the case of an appeal against a conviction by an offender.

  2. Unless under subsection (3) the Court of Appeal allows the app...(click link for section details)

  Criminal Appeals Act 2004

R v Dykstra [2011] QCA 175

QueenslandNorthern TerritoryTasmaniaWestern Australia
s 668E
s 668E Criminal Code 1899

Determination of appeal in ordinary cases

  1. 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 ...(click link for section details)
Criminal Code 1899
s 411
s 411 Criminal Code 1983

Determination of appeal in ordinary cases

  1. The Court on any such appeal against a finding of guilt shall allow the appeal if it is of the opinion that the verdict of the jury should be set asid...(click link for section details)
  Criminal Code 1983
s 402
s 402 Criminal Code 1924

Determination of appeals

1. 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)

  Criminal Code 1924
s 30
s 30 Criminal Appeals Act 2004

Appeal against conviction, decision on

  1. This section applies in the case of an appeal against a conviction by an offender.

  2. Unless under subsection (3) the Court of Appeal allows the app...(click link for section details)

  Criminal Appeals Act 2004
QueenslandNorthern TerritoryTasmaniaWestern 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)

Criminal Code 1899
s 411
s 411 Criminal Code 1983

Determination of appeal in ordinary cases

  1. The Court on any such appeal against a finding of guilt shall allow the appeal if it is of the opinion that the verdict of the jury should be set asid...(click link for section details)
  Criminal Code 1983
s 402
s 402 Criminal Code 1924

Determination of appeals

1. 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)

  Criminal Code 1924
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 -

a. order a trial or a new trial;

b. enter a judgment of acquittal of offence A;...(click link for section details)

  Criminal Appeals Act 2004
Western AustraliaQueenslandNorthern TerritoryTasmania
s 30(3)
s 30(3) Criminal Appeals Act 2004

The Court of Appeal must allow the appeal if in its opinion -

a. the verdict of guilty on which the conviction is based should be set aside because, having regard to the evidence, it is unreasonab...(click link for section details)

Criminal Appeals Act 2004
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)

  Criminal Code 1899
s 411
s 411 Criminal Code 1983

Determination of appeal in ordinary cases

  1. The Court on any such appeal against a finding of guilt shall allow the appeal if it is of the opinion that the verdict of the jury should be set asid...(click link for section details)
  Criminal Code 1983
s 402
s 402 Criminal Code 1924

Determination of appeals

1. 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)

  Criminal Code 1924
s 320
s 320 Criminal Code 1913

Child under 13, sexual offences against

1. 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)

Criminal Code 1913
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)

  Criminal Code 1899
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)

  Criminal Code 1983
s 125B
s 125B Criminal Code 1924

Indecent act with young person

  1. Any person who does any indecent act with, or directed at, another person who is under the age of 17 years is guilty of a crime.

    Charge:

    Indecent act...(click link for section details)

  Criminal Code 1924
Western AustraliaQueenslandNorthern TerritoryTasmania
s 30
s 30 Criminal Appeals Act 2004

Appeal against conviction, decision on

  1. This section applies in the case of an appeal against a conviction by an offender.

  2. Unless under subsection (3) the Court of Appeal allows the app...(click link for section details)

Criminal Appeals Act 2004
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)

  Criminal Code 1899
s 411
s 411 Criminal Code 1983

Determination of appeal in ordinary cases

  1. The Court on any such appeal against a finding of guilt shall allow the appeal if it is of the opinion that the verdict of the jury should be set asid...(click link for section details)
  Criminal Code 1983
s 402
s 402 Criminal Code 1924

Determination of appeals

1. 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)

  Criminal Code 1924