Tatnell v Tasmania
[2020] TASCCA 13
…r the appellant's conviction for that crime was unsafe and unsatisfactory. 211 The relevant principles are well understood. 212 In Tatnell v Tasmania [2020] TASCCA 13, which was decided after the decision of the High Court in Pell v The Queen [2020] HCA 12, 94 ALJR 394, Brett J, with whom Blow CJ and Pearce J agree…
Anderson v Tasmania
[2020] TASCCA 11
Para 124
…ich alleges that the verdict is unsafe and unsatisfactory was recently discussed by Porter AJ, with whom Blow CJ and I agreed, in Anderson v Tasmania [2020] TASCCA 11 at [124]-[125]. Although, as his Honour noted, such a ground can encapsulate and conflate various bases of this Court's jurisdiction to interfere wit…
Finnegan v Tasmania
[2020] TASCCA 5
…ct of such a ground has been restated in a number of recent decisions, for example Paite v Tasmania [2019] TASCCA 5, 30 Tas R 73; Finnegan v Tasmania [2020] TASCCA 5; Anderson v Tasmania (above). There is no need to repeat those principles in detail. The essential question for this Court is whether, after making i…
Pell v The Queen
[2020] HCA 12
…rinciples are well understood. 212 In Tatnell v Tasmania [2020] TASCCA 13, which was decided after the decision of the High Court in Pell v The Queen [2020] HCA 12, 94 ALJR 394, Brett J, with whom Blow CJ and Pearce J agreed, stated the relevant principles in appeals involving the appellant's Ground 3, at [24]-[…
Paite v Tasmania
[2019] TASCCA 5
…idence.' [25] The question for this Court in respect of such a ground has been restated in a number of recent decisions, for example Paite v Tasmania [2019] TASCCA 5, 30 Tas R 73; Finnegan v Tasmania [2020] TASCCA 5; Anderson v Tasmania (above). There is no need to repeat those principles in detail. The essential…
R v Quagliata
[2019] QCA 45
…CA 11, 24 Tas R 384; Edwards v Tasmania [2016] TASCCA 7; R v Wyles, ex parte Attorney-General [1977] Qd R 169; R v Palmer [2005] QCA 2; R v Quagliata [2019] QCA 45; Warren v The Queen [1987] WAR 314; Lacco v Western Australia [2006] WASCA 152; Campbell v Western Australia [2016] WASCA 156, 50 WAR 331; R v Beardy…
Kalbasi v Western Australia
[2018] HCA 7
…Criminal Code (Tas), s 402(2). Kalbasi v Western Australia [2018] HCA 7, 264 CLR 62, applied. Aust Dig Criminal Law [3465] Criminal Law – Appeal and new trial – Appeal against sentence – Grounds for interference – Sentence…
Sheriff v The State of Western Australia
[2017] WASCA 185
Para 67
…mments about the reasoning and conclusions of the court in L . Mazza JA, Mitchell JA and Hall J subsequently commented in Sheriff v Western Australia [2017] WASCA 185 at [67] that the issue discussed by the court in Campbell did not appear to have been the subject of submissions by the parties to that appeal. 40 Mr…
Campbell v The State of Western Australia
[2016] WASCA 156
…2005] QCA 2; R v Quagliata [2019] QCA 45; Warren v The Queen [1987] WAR 314; Lacco v Western Australia [2006] WASCA 152; Campbell v Western Australia [2016] WASCA 156, 50 WAR 331; R v Beardy 2016 MBCA 68, discussed. Aust Dig Criminal Law [2130]…
L v The State of Western Australia
[2016] WASCA 101
…Criminal Code (Tas), s 3(1)(a). L v Western Australia [2016] WASCA 101, 49 WAR 545, followed. R v Webb; ex parte Attorney-General [1990] 2 Qd R 275, not followed. Clarke v Tasmania [2013] TASCCA 11, 24 Tas R 384; Edwards v Tasmania [2016] TASCCA 7; R v Wyles, ex parte Attorney-General [1977] Qd R 169; R v Palmer [2…
Edwards v Tasmania
[2016] TASCCA 7
…, followed. R v Webb; ex parte Attorney-General [1990] 2 Qd R 275, not followed. Clarke v Tasmania [2013] TASCCA 11, 24 Tas R 384; Edwards v Tasmania [2016] TASCCA 7; R v Wyles, ex parte Attorney-General [1977] Qd R 169; R v Palmer [2005] QCA 2; R v Quagliata [2019] QCA 45; Warren v The Queen [1987] WAR 314; Lacco…
Sgarlata v The State of Western Australia
[2015] WASCA 215
…R v Barlow (1997) 188 CLR 1, 9, 11 12); s 22 and s 24 ( He Kaw Teh v The Queen (1985) 157 CLR 523, 559 and Sgarlata v The State of Western Australia [2015] WASCA 215 [37]-[45]); s 280(1) ( Callaghan v The Queen (1952) 87 CLR 115, 124); former s 31 ( Smith v The State of Western Australia [2010] WASCA 205 [9]); and…
Tringrove v Tasmania
[2014] TASCCA 7
Para 5
…213 In Tringrove v Tasmania [2014] TASCCA 7 at [5]-[6], Blow CJ and Pearce J, with whom Wood J agreed, set out the relevant legal principles as follows: " Unsafe and unsatisfactory [5] Each of the appellants has appealed in respect of every verdict, asserting that the verdicts were 'unsafe and unsatisfactory' or '…
Ahsin v R
[2014] NZSC 153
…Criminal Code (Tas), s 4. Ahsin v The Queen [2014] NZSC 153, [2015] 1 NZLR 493, followed. R v Simpson (1988) 23 BCLR (2d) 145, 38 CCC (3d) 482, not followed. Clayton v The Queen [2006] HCA 58, 81 ALJR 439; R v Keenan [2009] HCA 1, 236 CLR 397; Brennan v The King (1936) 55 CLR 253; Darkan v The Queen [2006] HCA 34,…
Clarke v Tasmania
[2013] TASCCA 11
…L v Western Australia [2016] WASCA 101, 49 WAR 545, followed. R v Webb; ex parte Attorney-General [1990] 2 Qd R 275, not followed. Clarke v Tasmania [2013] TASCCA 11, 24 Tas R 384; Edwards v Tasmania [2016] TASCCA 7; R v Wyles, ex parte Attorney-General [1977] Qd R 169; R v Palmer [2005] QCA 2; R v Quagliata [2019…
Huynh v The Queen
[2013] HCA 6
…acts (a person who committed 'the fact' (sic)): Osland v The Queen [1998] HCA 75; (1998) 197 CLR 316 [75], [81] (McHugh J) and see Huynh v The Queen [2013] HCA 6; (2013) 87 ALJR 434 [37] (the Court) and Handlen v The Queen [2011] HCA 51; (2011) 245 CLR 282 [4] (French CJ, Gummow, Hayne, Crennan, Kiefel and Bel…
Santos v The State of Western Australia [No 2]
[2013] WASCA 39
…7] WAR 314 and Lacco v The State of Western Australia [2006] WASCA 152 and was accepted as applying in Santos v The State of Western Australia [No 2] [2013] WASCA 39, Michaels v The State of Western Australia [2009] WASCA 174 and Heaton v The State of Western Australia [2008] WASCA 32. In Santos and Michaels , as…
Likiardopoulos v The Queen
[2012] HCA 37
…le with the concepts of 'common purpose', 'common design' and 'in concert': McAuliffe v The Queen (1995) 183 CLR 108, 114; Likiardopoulos v The Queen (2012) 247 CLR 265 [19]. 21 A number of important points seem to be lost in the modern discussion of whether the common law doctrine of joint criminal enterprise in law…
R v Hutt
[2012] NZHC 593
…it is committed: R v Coney (1882) 8 QBD 534; Smith v The Queen (unreported, Court of Criminal Appeal, 4/1979); Hutt v The Queen (1989) 14 Tas R 182 at [51]. Encouraging the commission of an offence in that way has been regarded in Queensland as aiding the commission of the offence: R v Beck [1990] 1 Qd R 30 per Macrossan…
Handlen v The Queen
[2011] HCA 51
…HCA 75; (1998) 197 CLR 316 [75], [81] (McHugh J) and see Huynh v The Queen [2013] HCA 6; (2013) 87 ALJR 434 [37] (the Court) and Handlen v The Queen [2011] HCA 51; (2011) 245 CLR 282 [4] (French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ). (c) Criminal liability pursuant to a joint criminal enterprise arise…
Smith v The State of Western Australia
[2010] WASCA 205
…Australia [2015] WASCA 215 [37]-[45]); s 280(1) ( Callaghan v The Queen (1952) 87 CLR 115, 124); former s 31 ( Smith v The State of Western Australia [2010] WASCA 205 [9]); and s 409(1) ( Bolitho v The State of Western Australia [2007] WASCA 102 [152]). 15 It is significant that Sir Samuel Griffith's note to s 8 in…
Michaels v The State of Western Australia
[2009] WASCA 174
…] WASCA 152 and was accepted as applying in Santos v The State of Western Australia [No 2] [2013] WASCA 39, Michaels v The State of Western Australia [2009] WASCA 174 and Heaton v The State of Western Australia [2008] WASCA 32. In Santos and Michaels , as well as in Punevski v The Queen [2000] WASCA 71, the issue w…
R v Keenan
[2009] HCA 1
…1 NZLR 493, followed. R v Simpson (1988) 23 BCLR (2d) 145, 38 CCC (3d) 482, not followed. Clayton v The Queen [2006] HCA 58, 81 ALJR 439; R v Keenan [2009] HCA 1, 236 CLR 397; Brennan v The King (1936) 55 CLR 253; Darkan v The Queen [2006] HCA 34, 227 CLR 373, referred to. Aust Dig Criminal Law [2132] Criminal…
Heaton v The State of Western Australia
[2008] WASCA 32
…e of Western Australia [No 2] [2013] WASCA 39, Michaels v The State of Western Australia [2009] WASCA 174 and Heaton v The State of Western Australia [2008] WASCA 32. In Santos and Michaels , as well as in Punevski v The Queen [2000] WASCA 71, the issue was whether there was a sufficient evidentiary foundation of…
Bolitho v The State of Western Australia
[2007] WASCA 102
…87 CLR 115, 124); former s 31 ( Smith v The State of Western Australia [2010] WASCA 205 [9]); and s 409(1) ( Bolitho v The State of Western Australia [2007] WASCA 102 [152]). 15 It is significant that Sir Samuel Griffith's note to s 8 in his draft Queensland Code, which became s 7 of the Queensland Code (and which…
Clayton v The Queen
[2006] HCA 58
…sin v The Queen [2014] NZSC 153, [2015] 1 NZLR 493, followed. R v Simpson (1988) 23 BCLR (2d) 145, 38 CCC (3d) 482, not followed. Clayton v The Queen [2006] HCA 58, 81 ALJR 439; R v Keenan [2009] HCA 1, 236 CLR 397; Brennan v The King (1936) 55 CLR 253; Darkan v The Queen [2006] HCA 34, 227 CLR 373, referred to.…
Lacco v The State of Western Australia
[2006] WASCA 152
…Attorney-General [1977] Qd R 169; R v Palmer [2005] QCA 2; R v Quagliata [2019] QCA 45; Warren v The Queen [1987] WAR 314; Lacco v Western Australia [2006] WASCA 152; Campbell v Western Australia [2016] WASCA 156, 50 WAR 331; R v Beardy 2016 MBCA 68, discussed. Aust Dig Criminal Law [2130]…
Darkan v The Queen
[2006] HCA 34
…lowed. Clayton v The Queen [2006] HCA 58, 81 ALJR 439; R v Keenan [2009] HCA 1, 236 CLR 397; Brennan v The King (1936) 55 CLR 253; Darkan v The Queen [2006] HCA 34, 227 CLR 373, referred to. Aust Dig Criminal Law [2132] Criminal Law – Appeal and new trial – Miscarriage of justice – Dismissal of appeal where no s…
R v Palmer
[2005] QCA 2
…larke v Tasmania [2013] TASCCA 11, 24 Tas R 384; Edwards v Tasmania [2016] TASCCA 7; R v Wyles, ex parte Attorney-General [1977] Qd R 169; R v Palmer [2005] QCA 2; R v Quagliata [2019] QCA 45; Warren v The Queen [1987] WAR 314; Lacco v Western Australia [2006] WASCA 152; Campbell v Western Australia [2016] WASC…
R v Walton and Harman
[2001] QCA 309
Para 30
…ections of s 7(1) or within s 8 then she is not deemed to have committed the offence. [18] Thomas JA and Jones J pointed out in R v Walton and Harman [2001] QCA 309 at [30] that the language of joint criminal enterprise is not usually helpful when discussing criminal liability under s 7(1)(b) or s 7(1)(c). To tha…
Punevski v The Queen
[2000] WASCA 71
…n Australia [2009] WASCA 174 and Heaton v The State of Western Australia [2008] WASCA 32. In Santos and Michaels , as well as in Punevski v The Queen [2000] WASCA 71, the issue was whether there was a sufficient evidentiary foundation of a joint criminal enterprise in law to enliven the application of the so calle…
Osland v The Queen
[1998] HCA 75
…joint enterprise is a principal in the first degree - a person who did the act or acts (a person who committed 'the fact' (sic)): Osland v The Queen [1998] HCA 75; (1998) 197 CLR 316 [75], [81] (McHugh J) and see Huynh v The Queen [2013] HCA 6; (2013) 87 ALJR 434 [37] (the Court) and Handlen v The Queen [2011]…
R v Barlow
[1997] HCA 19
…here the common purpose is to commit crime X and crime X is committed, there is no need to go beyond s 3." After referring to a passage in R v Barlow (1997) 188 CLR 1 at 9, in which it was said that s 8 of the Queensland Code complements s 7 and "extends the net of criminal liability", his Honour said that that pas…
McAuliffe v The Queen
[1995] HCA 37
…13 The common law as to criminal liability based on a joint criminal enterprise was discussed by the High Court in McAuliffe v The Queen (1995) 183 CLR 108. That case concerned convictions for murder in New South Wales. The court said the following at 114: "But the complicity of a secondary party may also be establis…
M v the Queen
[1994] HCA 63
…hinks that upon the whole of the evidence it was open to the jury to be satisfied beyond reasonable doubt that the accused was guilty': M v The Queen (1994) 181 CLR 487. This is a question of fact."…
Lyons v The Queen
[1993] HCATrans 370
…e offenders actively and directly carrying out together the act which constitutes the crime with a shared purpose, as in a joint attack with weapons: Lyons v The Queen (1992) 1 Tas R 193. While an extended meaning is given to s 3(1)(a) in this context, it is again consistent with treating the singular as including the plur…
Chidiac v The Queen
[1991] HCA 4
…to be applied by an appellate court when considering whether a verdict is 'unsafe or unsatisfactory' was explained by Mason CJ in Chidiac v The Queen (1991) 171 CLR 432 at 442–443 as follows: 'It is now well settled that a verdict may be set aside as unsafe or unsatisfactory notwithstanding that there was, as a matte…
Ahern v The Queen
[1988] HCA 39
…y difference to the interpretation of s 3(1)(a) or any similar provision. That rule was stated and explained by the High Court in Ahern v The Queen (1988) 165 CLR 87 in the following terms, at 94-95: "... when two or more persons are bound together in the pursuit of an unlawful object, anything said, done or written…
He Kaw Teh v The Queen
[1985] HCA 43
…n fact widespread. It is reflected in many provisions, including s 8 ( R v Barlow (1997) 188 CLR 1, 9, 11 12); s 22 and s 24 ( He Kaw Teh v The Queen (1985) 157 CLR 523, 559 and Sgarlata v The State of Western Australia [2015] WASCA 215 [37]-[45]); s 280(1) ( Callaghan v The Queen (1952) 87 CLR 115, 124); former s 31…
Chamberlain v The Queen (No 2)
[1984] HCA 7
…[6] In M v The Queen (1994) 181 CLR 487, Mason CJ, Deane, Dawson and Toohey JJ said at 494–495: 'In most cases a doubt experienced by an appellate court will be a doubt which a jury ought also to have experienced. It is only where a jury's advantage in seeing and hearing the evidence is capable of r…
Stuart v The Queen
[1974] HCA 54
…65 Stuart v The Queen (1974) 134 CLR 426 concerned the interpretation of provisions in the Criminal Code (Qld). The principal judgment was given by Gibbs J (as he then was), with whose reasons Menzies J and Mason J (as he then was) agreed. At 437, Gibbs J quoted the passage that we have quoted above from Brennan v Th…
Vallance v The Queen
[1961] HCA 42
…64 Vallance v The Queen (1961) 108 CLR 56 concerned the mental element of the crime of wounding and the interpretation of ss 13(1) and 172 of the Criminal Code (Tas). In that case Windeyer J said the following as to the proper approach to the interpretation of provisions in the Code, at 75-76: "The Code is to be rea…
Tripodi v the Queen
[1961] HCA 22
…ble as evidence against the other participants provided that the acts and statements were done or made as part of the enterprise: Tripodi v The Queen [1961] HCA 22; (1961) 104 CLR 1. It is convenient to refer to this application of the attribution principle as the co 53 No 2/2022…
Callaghan v The Queen
[1952] HCA 55
…w Teh v The Queen (1985) 157 CLR 523, 559 and Sgarlata v The State of Western Australia [2015] WASCA 215 [37]-[45]); s 280(1) ( Callaghan v The Queen (1952) 87 CLR 115, 124); former s 31 ( Smith v The State of Western Australia [2010] WASCA 205 [9]); and s 409(1) ( Bolitho v The State of Western Australia [2007] WAS…
Brennan v The King
[1936] HCA 24
…CLR (2d) 145, 38 CCC (3d) 482, not followed. Clayton v The Queen [2006] HCA 58, 81 ALJR 439; R v Keenan [2009] HCA 1, 236 CLR 397; Brennan v The King (1936) 55 CLR 253; Darkan v The Queen [2006] HCA 34, 227 CLR 373, referred to. Aust Dig Criminal Law [2132] Criminal Law – Appeal and new trial – Miscarriage of justic…
The Queen v Keenan
[2009] HCA 236
…ollowed. R v Simpson (1988) 23 BCLR (2d) 145, 38 CCC (3d) 482, not followed. Clayton v The Queen [2006] HCA 58, 81 ALJR 439; R v Keenan [2009] HCA 1, 236 CLR 397; Brennan v The King (1936) 55 CLR 253; Darkan v The Queen [2006] HCA 34, 227 CLR 373, referred to. Aust Dig Criminal Law [2132] Criminal Law – Appeal…
[1985] AC 168
[1985] AC 168
…erence was made to two common law cases concerning the doctrine of joint criminal enterprise: R v Anderson [1966] 2 QB 110; Chan Wing-Siu v The Queen [1985] AC 168. Ahsin was another case about the criminal liability of accessories and parties prosecuting an unlawful common purpose. There was no suggestion that…
[1966] 2 QB 110
[1966] 2 QB 110
…een [2014] NZSC 153, [2015] 1 NZLR 493, reference was made to two common law cases concerning the doctrine of joint criminal enterprise: R v Anderson [1966] 2 QB 110; Chan Wing-Siu v The Queen [1985] AC 168. Ahsin was another case about the criminal liability of accessories and parties prosecuting an unlawful comm…
[1891] AC 107
[1891] AC 107
…62 In Bank of England v Vagliano Brothers [1891] AC 107, the House of Lords considered the proper interpretation of a provision in the Bills of Exchange Act 1882, which was intended to operate as a code relating to negotiable instruments. Lord Herschell said the following as to the proper approach to the interpr…
The Queen v Coney
(1882) 8 QBD 534
…it is committed: R v Coney (1882) 8 QBD 534; Smith v The Queen (unreported, Court of Criminal Appeal, 4/1979); Hutt v The Queen (1989) 14 Tas R 182 at [51]. Encouraging the commission of an offence in that way has been regarded in Queensland as aiding the commission of the offence: R v Beck [1990] 1 Qd R 30 per Mac…