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Australia · Year 2 · Criminal Law

High Court Criminal Cases

Fault, defences and homicide.

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  1. 1.He Kaw Teh v The Queen (1985) — held?

    There is a presumption that mens rea is required for statutory offences, which can be displaced by the statute's words, subject matter and penalty.

    (1985) 157 CLR 523

  2. 2.Zecevic v DPP (Vic) (1987) — test for self-defence?

    Whether the accused believed on reasonable grounds that it was necessary in self-defence to do what they did.

    (1987) 162 CLR 645

  3. 3.Royall v The Queen (1991) — held?

    Where a victim dies trying to escape the accused's violence, the accused can be responsible if the victim's response was reasonable or natural.

    (1991) 172 CLR 378

  4. 4.R v Falconer (1990) — held?

    Sane automatism leads to acquittal; insane automatism leads to a special verdict.

    (1990) 171 CLR 30

  5. 5.Ryan v The Queen (1967) — held?

    An act must be voluntary for criminal responsibility; the reflex-pull of a trigger was rejected on the facts.

    (1967) 121 CLR 205

  6. 6.Wilson v The Queen (1992) — held?

    Unlawful and dangerous act manslaughter requires that a reasonable person would have realised the act exposed the victim to an appreciable risk of serious injury.

    (1992) 174 CLR 313

  7. 7.Nydam v R (1977) — principle?

    Manslaughter by criminal negligence requires a great falling short of the standard of care, with a high risk of death or grievous bodily harm.

    [1977] VR 430

  8. 8.Pemble v The Queen (1971) — held?

    A judge must leave to the jury any defence or alternative verdict that is fairly raised by the evidence, even if not raised by the defence.

    (1971) 124 CLR 107

  9. 9.R v Tang (2008) — held?

    The slavery offences in the Criminal Code (Cth) applied to the exercise of powers attaching to ownership over women in a brothel.

    (2008) 237 CLR 1

  10. 10.Which Commonwealth Act contains the Criminal Code?

    The Criminal Code Act 1995 (Cth), with the Code in the Schedule.

    Criminal Code Act 1995 (Cth)