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Citation
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Judgment date
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| April 2021 |
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Affirmative consent is required for sexual activity; court convicted accused of two rapes and robbery despite some witness inconsistencies.
Criminal law — Sexual offences — Consent requires affirmative voluntary agreement to each sexual act; silence, passivity or submission is not consent — Assessment of credibility in sexual‑offence trials; section 174 discharge test — Robbery: theft followed by or accompanied by violence may constitute robbery even if weapon use to effect theft not proved.
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12 April 2021 |
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Accused acquitted because State failed to disprove private defence in context of imminent threat and domestic abuse.
Criminal law – Private defence – State bears onus to disprove defence beyond reasonable doubt; battered-spouse context and history of domestic violence relevant to assessment of reasonable belief and proportionality; test: subjective reasonable belief, defensive purpose, objectively reasonable response; factors: imminence, retreat, weapon, size/age/strength, proportionality; inconsistencies not necessarily fatal to defence.
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9 April 2021 |
| March 2021 |
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30 March 2021 |
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25 March 2021 |
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The accused sentenced to a cumulative 12 years for attempted murder and unlawful firearm possession, emphasizing deterrence and proportionality.
Criminal law – Sentencing – Attempted murder and unlawful possession of an unlicensed firearm – High moral blameworthiness and real risk of lethal harm – Relevant factors: prior conviction, reoffending after parole, use of firearm, personal circumstances, deterrence, denunciation and proportionality – Concurrent versus consecutive sentences – Victim notification s299A and social welfare referral.
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16 March 2021 |
| February 2021 |
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Police officers found guilty of assault for using excessive force during arrest, with intent to do grievous bodily harm.
Criminal law – assault with intent to do grievous bodily harm – police powers of arrest – reasonable and necessary force – sufficiency of single witness evidence – credibility assessment.
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24 February 2021 |
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Accused convicted of culpable homicide for exceeding the limits of private defence during an altercation involving sexual assault.
Criminal law – private defence – self-defence – proportionality and necessity of force – accused exceeding boundaries of private defence – intent and intoxication – culpable homicide versus murder.
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23 February 2021 |
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Accused who killed his rapist convicted of culpable homicide; seven-year term suspended with community service, supervision and restorative measures.
Criminal law – Culpable homicide committed after rape – private defence exceeded – sentencing; Suspended sentence with community service and supervision; Firearms fitness under s103(1) Firearms Control Act; restorative measures – psychological assessment and therapy for victim’s family; publication ban under s154(3) Criminal Procedure Act.
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23 February 2021 |
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Application for leave to appeal dismissed for lack of reasonable prospects regarding identification evidence and trial court findings.
Criminal procedure – Application for leave to appeal – Test for reasonable prospects of success – Single witness identification evidence – Impact of emotional state and observational conditions – Weighing evidence holistically.
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17 February 2021 |
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17 February 2021 |
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No substantial and compelling circumstances justified avoiding the prescribed life sentence for a rape-related murder; rape sentence concurrent.
Criminal law – Murder and rape – application of minimum sentencing (s51(1) and s51(2)) – substantial and compelling circumstances – aggravating factors: premeditation, extreme violence, prior conviction, lack of genuine remorse – collateral consequences (pre-trial detention, COVID-19) not sufficient to avoid prescribed life sentence – concurrent sentencing and ancillary Firearms Act and victim-family support orders.
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17 February 2021 |
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Admissions made during plea proceedings may be withdrawn if the accused did not understand the language and the implications.
Criminal procedure – right to fair trial – language of proceedings – plea withdrawal – accused's lack of understanding – Section 35(3) Constitution – interests of justice.
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17 February 2021 |
| January 2021 |
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Excessive, non-imminent force negated private defence and supported conviction for attempted murder.
Criminal law — Private defence: subjective belief assessed by a modified-objective test; proportionality of force judged objectively; imminence requirement; credibility assessment of conflicting witnesses; dolus eventualis inferred from repeated knife attacks.
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28 January 2021 |