Assault causing Death
Wounding or grievous bodily harm with intent
Reckless grievous bodily harm or wounding
Assault with intent to commit a serious indictable offence on c
Procedural law is a powerful tool
Bodies which represent and support victims of crime
J udicial Officers
Overview Lecture 1:
What is the significance of a procedural problem?
s 138 Evidence Act 1995 (NSW)
MENTAL STATE DEFENCES
A particular form of involuntary action/conduct
Where the accused acts in a state of impaired consciousness such that their actions were
not an exercise of their will
the critical point, as Barwick C.J pointed o
COMMON ASSAULT (s61 Crimes Act)
As stated in Fagan, there are two forms of common assault:
(1) Assault by threat of force
(2) Assault by use of force
An assault is any act whichcauses another person to apprehend immediate and unlawful
Given that the events took place in New South Wales, the relevant jurisdiction for this
offence is New South Wales and hence the Crimes Act 1900 (NSW) (Crimes Act) applies.
For Angie to be found guilty of murder under section 18 of the Crim
This is a secondary or derivative form of liability.
Modes of accessorial liability include: aiding, abetting, counselling or procuring
For secondary liability the prosecution must prove that the offence aided or abetted was
Zecevic v DPP
- Accused killed neighbour after an argument about leaving security gates open.
- The accused argued that he believed the victim had a knife and might have a shotgun in
- Accused ran inside, retrieved gun a
He Kaw Teh v R:
Starting point is the presumption that the subjective fault element exists.
To determine whether the presumption of fault element (MR) has been displaced, must
consider the following factors:
The language of the sec
Finally, we submit that Peter acted in self-defence to prevent the unlawful
deprivation of his liberty by Gregory, pursuant to Section 418 subsection 2b of
the Crimes Act .and is thus entitled to a complete acquittal.
To establish this self-defence, we wi
An important premise behind the rule of law is that the State punished criminal conduct, not
The nulla poena concept assumes that persons become criminals because of their acts, not
simply because of who or what they are. (Franc
PART II CRIMINAL
Actus reus- the external or physical elements of an offence
Mens rea- the required mental state/s or the fault element/s of an offence (Wrongful
prohibited conduct must also be accompanied by a mind that is wrongful)
PART I - INTRODUCTION TO
A. Criminal jurisdictions over time
Criminal jurisdiction pre-1901:
o Indigenous law, settlement/colonisation, 6 self-governing colonies, federation in
o Each State and Territory ha
-Look at where the Crime takes place NSW/ACT?
-Prosecution has the legal burden of proof to prove all elements
of the crime beyond reasonable doubt-DPP v Woolmington
-Must prove that the fault element coincided with, or existed at
the same ti
Feedback for Students Criminal Law and Procedure Take-home Exam 2014
Markers used the assessment criteria set out in the take-home exam instructions when marking
the take-home exam. They also gave you feedback against each of those criteria on the
The mens rea of common assault can be established by the intention to cause the victim to
apprehend immediate harm or being reckless as to whether such apprehension is caused (Fagan).
Did Donald intend to create an apprehension of immediate and unlawfu
The significance of a procedural problem is 138 Evidence Act 1995 (NSW)
Balancing public interests
R v Camilleri  NSWCCA 36 (20 February 2007)
McCLELLAN CJ at CL said:
 As Howie J made plain in R v EM (2003) NSWCCA 374 at -  s 1
Can the DPP successfully prosecute Angie for murder?
In a criminal case, the onus is on the prosecution to prove every element of an offence
beyond reasonable doubt.1
The elements of murder are satisfied where: 1) an act or omission of the accused causing