Serial No 68/1991
List "A"
COURT: SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)
CITATION: Standish v R [1991] TASSC 83; A68/1991
PARTIES: STANDISH, James Edward Cobden
v
R
FILE NO/S: CCA 19/1991
DELIVERED ON: 4 September 1991
DELIVERED AT: Hobart
JUDGMENT OF: Wright, Zeeman and Slicer JJ
Judgment Number: A68/1991
Number of paragraphs: 75
Serial No 68/1991
List "A"
File No CCA 19/1991
JAMES EDWARD COBDEN STANDISH v THE QUEEN
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
WRIGHT J
ZEEMAN J
SLICER J
4 September 1991
Order of the Court
Appeal against conviction dismissed.
Serial No 68/1991
List "A"
File No CCA 19/1991
JAMES EDWARD COBDEN STANDISH v THE QUEEN
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
WRIGHT J
4 September 1991
The appellant appeals against his conviction for wounding Mr Williams. Mr Williams was wounded when he interposed his hand between the appellant and the appellant's wife. At the time the appellant was attempting to stab his wife. Mr Williams received a lacerated hand. Before these events took place the appellant had been drinking heavily and had taken drugs. He had also gone to his wife's home and inflicted a number of wounds upon her with the same knife.
He was indicted and convicted upon counts of aggravated burglary in respect of his wife's home, and committing an unlawful act intended to cause bodily harm to his wife. He was also indicted for wounding one Sarah Buchanan, but on this count he was convicted of assault only.
The Crown case against the accused in respect of the fourth count, that of wounding Mr Williams, was based upon the proposition that the accused was wielding the knife recklessly at the time that he was trying to stab his wife and that, although he did not specifically intend to wound Mr Williams, he was thus guilty of unlawful wounding under s172 of the Tasmanian Criminal Code. It was argued by counsel for the appellant that the learned trial judge was in error in failing to direct the jury that they could consider the accused's state of intoxication in determining whether or not he was sufficiently aware of his surroundings and attendant circumstances to foresee the likelihood of harm being caused to some person other than his wife. It was submitted that the provisions of s17 of the Criminal Code and the limitations placed upon the operation of that section by decisions such as Snow and Palmer were not such as to preclude the jury from considering whether the accused was aware of Mr Williams' presence. It was submitted, if as a consequence of his intoxication, he was unable to appreciate, or failed to appreciate, that Mr Williams was present and likely to intervene, it could not be said that he was subjectively reckless in striking out towards his wife with the knife as he did. It was submitted that s17 deals only with the effect of intoxication upon the question of intent. It does not deal with knowledge or…
Continue reading Standish v The Queen
Sign in free to access the full text
- AGLC
- Standish v The Queen [1991] TASSC 83
- Case
- [1991] TASSC 83
- Decision Date
CaseChat Overview and Summary
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.