Reported Decision:
139 A Crim R 132
59 NSWLR 472
New South Wales
Court of Criminal Appeal
CITATION: REGINA v KING [2003] NSWCCA 399 HEARING DATE(S): 25 November 2003 JUDGMENT DATE:
19 December 2003JUDGMENT OF: Spigelman CJ at 1; Dunford J at 100; Adams J at 105 DECISION: Appeal allowed. CATCHWORDS: CRIMINAL LAW - Intentional infliction of grievous bodily harm - Death of foetus - Whether death of foetus can constitute grievous bodily harm to mother - Meaning of 'person' in Crimes Act 1900, s 33. LEGISLATION CITED: Crimes Act 1900, ss 33, 52A, 83
Criminal Appeal Act 1912, ss 5A, 5F
Criminal Code of Canada, ss 203, 204
District Court Act 1973, s 127
Health and Disability Commissioner Act 1994 (NZ)
Suitors' Fund Act 1951, ss 5C, 6, 6C
Supreme Court Act 1970, s 36CASES CITED: Attorney-General (Qld) v T (1983) 57 ALJR 285
Attorney-General's Reference (No 3 of 1994) [1996] QB 581
Attorney-General's Reference (No 3 of 1994) [1998] AC 245
C v S [1988] QB 135
Harrild v Director of Proceedings [2003] 3 NZLR 289
Hi-Fert Pty Ltd v Kiukiang Maritime Carriers Inc (No 3) (1998) 86 FCR 374
In re F (in utero) [1988] 2 WLR 1288
Licul v Corney (1976) 180 CLR 213
Little v Victoria [1998] 4 VR 596
Paton v British Pregnancy Advisory Service Trustees [1979] QB 276
Paton v United Kingdom (1980) 3 EHRR 408 (Comm.)
Port of Melbourne Authority v Anshun Pty Ltd (No 1) (1980) 147 CLR 35
R v Cheng (1999) 48 NSWLR 616
R v Edelsten (1989) 18 NSWLR 213
R v F (1993) 40 NSWLR 245
R v Lethlean (1995) 83 A Crim R 197
R v Sullivan & Lemay (1986) 31 CCC (3d) 62
R v Sullivan & Lemay (1989) 31 BCLR (2d) 145
R v Sullivan & Lemay [1991] 1 SCR 489; (1991) 63 CCC (3d) 97
Tampion v Anderson (1973) 48 ALJR 11
Tremblay v Daigle [1989] 2 SCR 530
Watt v Rama [1972] VR 353
Winnipeg Child & Family Services (Northwest Area) v G [1997] 3 SCR 925PARTIES :
Regina (Appellant)
Phillip Nathan King (Respondent)
FILE NUMBER(S): CCA 60422/03 COUNSEL: R Cogswell SC / D Thiering (Appellant)
C Steirn SC / B Clark (Respondent)SOLICITORS: C K Smith (Appellant)
S E O'Connor (Respondent)
LOWER COURTJURISDICTION: District Court LOWER COURT FILE NUMBER(S): 03/21/0020 LOWER COURT
JUDICIAL OFFICER :Tupman DCJ
60422/03
Friday 19 December 2003SPIGELMAN CJ
DUNFORD J
ADAMS J
FACTS
The appeal proceeded on an agreed statement of facts. Kylie Flick (the Complainant) and the Respondent engaged in a single act of sexual intercourse with the result that the Complainant became pregnant. The Respondent wished the pregnancy terminated and, when he could neither persuade the Complainant to voluntarily comply nor procure others to attack the Complainant, assaulted the Complainant including kicking her in the stomach and stomping on her stomach about half a dozen times. The Complainant was taken…
Continue reading R v King
Sign in free to access the full text
- AGLC
- R v King [2003] NSWCCA 399
- Case
- [2003] NSWCCA 399
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the death of a foetus can constitute grievous bodily harm to the mother and whether a foetus is a "person" under the Crimes Act 1900, s 33. The court considered the common law definition of grievous bodily harm and whether the death of a foetus could fall within that definition. The court also considered the meaning of "person" in the context of the Crimes Act 1900, s 33, and whether a foetus is a "person" for the purposes of the Act.
The court held that the death of a foetus can constitute grievous bodily harm to the mother, as it can cause significant physical and emotional harm. The court also held that a foetus is not a "person" within the meaning of the Crimes Act 1900, s 33, as it is not a separate legal entity from the mother. However, the court found that the defendants' actions could still be considered an offence under the Act, as they caused grievous bodily harm to the mother. The court found the defendants guilty of intentionally inflicting grievous bodily harm upon the victim.
The court ordered the defendants to be sentenced for their crimes. The court noted that the death of the foetus was a significant factor in the sentencing, as it demonstrated the severity of the harm caused to the victim. The court also noted that the defendants' actions had a significant impact on the victim's physical and emotional well-being.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.