Australia · Year 2 · Criminal Law
High Court Criminal Cases
Fault, defences and homicide.
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Show all 10 questions and answers in this book
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.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.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.R v Falconer (1990) — held?
Sane automatism leads to acquittal; insane automatism leads to a special verdict.
(1990) 171 CLR 30
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.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.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.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.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.Which Commonwealth Act contains the Criminal Code?
The Criminal Code Act 1995 (Cth), with the Code in the Schedule.
Criminal Code Act 1995 (Cth)