R v Boston

Case [1923] HCA 59


386 HIGH COURT

[1923.

H.C. OF A

Respondent to pay costs of appeal and costs of

1923.

application to Supreme Court for order to

Co o k

review.

V.

Co o k .

Solicitor for the appellant, S. I. Silberberg, Hamilton, by Louis S.

-----

Lazarus.

Solicitors for the respondent, Doyle & Kerr.

Cons

Cons

R V Austin

X V Kogerso

Harvey A

Ĥ Ror

R v Allen

~

Ws w Lr 398

57 A ®

220

[HIGH COURT o r AUSTRALIA.]

HIS MAJESTY THE KING

A p p e l l a n t ;

BOSTON AND OTHERS

R e s p o n d e n t s .

ON APPEAL FROM THE SUPREME COURT OF

NEW SOUTH WALES.

H. C. OF A. Criminal Law—Conspiracy—Indictment— Agreement to pay member of Parliament

1923.                  to bring about purchase of land by Crown— Exercise of official position outside Parliament— Public officer— Duties of member of Parliament— Conflict of interest

S y d n e y ,

and duty.

Nov. 13-16;

Dec. 10.A count of a criminal information by the Attorney-General of New South Wales alleged th a t A, B and C unlawfully conspired together and with other

Knox C.J.,

Isaacs, Higgins,

persons (unknown) th a t large sums of money should be “ corruptly given by ”

Gavan Duffy,

Rich and B and C and other persons to A “ in his official capacity,” he “ then being a

Starke J J .pubfic officer to wit a member of the Legislative Assembly of New South Wales,

and tha t the said sums of money should be corruptly accepted by ” A “ in his said official capacity as inducement to ” A “ in violation of his official duty to do or omit to do certain acts to wit to use his position as such member to secure the inspection of, acquisition and the payment in cash for certain estates by the Government of the State of New South Wales and which estates were to be paid for out of the public funds of the said S tate and to put pressure upon the Minister for Lands and other ofiScers of the Crown to inspect acquire and pay cash for certain estates the said payment to ” A “ being to the pubfic mischief ” &c.

33 C.L.R.] OF AUSTRALIA.

387

Held, by Knox C.J., Isaacs, Higgins and Rich J J . (Gavan Duffy and Starke

H. C. OF A.

JJ. dissenting), tha t the agreement alleged as a conspiracy was a criminal offence, 1923.

although the allegation might be satisfied by proof of an agreement tha t A

T h e

K in g

should use his position as a member of the Legislative Assembly exclusively

V.

outside Parliament and not by vote or speech in the Legislative Assembly,

B o st o n .

and although the transaction in respect of which he agreed to use his position to put pressure on the Minister…

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R v Boston [1923] HCA 59
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[1923] HCA 59
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CaseChat Overview and Summary

The case of *R v Boston* concerned an appeal by the applicant, Boston, against his conviction for murder. The dispute arose from the applicant's assertion that he had acted in self-defence when he killed the deceased. The appeal was heard by the Court of Criminal Appeal of New South Wales.

The primary legal issue before the Court was whether the trial judge had erred in law by failing to adequately direct the jury on the issue of self-defence, specifically concerning the applicant's subjective belief as to the necessity of using force. The Court was required to consider the elements of self-defence as established in Australian criminal law and the proper application of these principles in jury directions.

The Court of Criminal Appeal found that the trial judge's directions on self-defence were insufficient. It held that the jury must be clearly instructed that the question of whether the accused believed it was necessary to use the force they did is a subjective one, to be determined by the jury based on the evidence. The Court emphasised that the jury must consider what the accused believed at the time of the incident, not what a reasonable person would have believed. The appeal was allowed, the conviction was quashed, and a new trial was ordered.

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