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Prince v R
[2020] NSWCCA 268
Citation 1
…Cave J.'s comment at p. 181 (Day, J. and A. L. Smith J. concurring) on Reg. v. Prince (1875) L.R. 2 C.C. 154, 175:…
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R v WRIGHT
[2019] SASCFC 128
Citation 2
…Does the law, then, compel one to say that a man should be convicted as a rapist though the jury remain unconvinced that rape was in his mind? The direction given by Channell B., in Reg. v. Wright (1864) 4 F. & F. 967 seems to indicate that he would have answered that question in the negative. On ch…
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R v Daly
[2016] NZHC 2750
Citation 3
…In Reg. v. Daly (1968) V.L.R. 257 the nearest one gets to support for the present appellants is the following passage from the judgment of the court given by Smith J. (at p. 259):…
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R v Turner
[2016] SASCFC 61
Citation 4
…In this country a long line of authorities and numerous dicta indicate that, when an accused challenges that he had the necessary mens rea involved in the offence charged by asserting that he committed the actus reus under a mistake of fact, his belief must have been based on reasonable grounds. Of …
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R v Horton
[2010] NSWSC 1007
Citation 5
…In the absence of contrary evidence, the accused may be presumed to have appreciated the significance of circumstances which must have come to his notice. But it does not follow inexorably that he in fact did so, and Reg. v. Horton (1871) 11 Cox C.C. 670, a bigamy case, is but one example of failure…
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Thomas v The King
[1937] HCA 83
Citation 6
…But regard must be had to the uniformity of approach over a wide area and for a long time— Tolson, it should be remembered, was decided nearly ninety years ago. Paying such regard, the conclusion I have come to is that the necessary course is to uphold, as being in accordance with established law, t…
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[1935] AC 462
[1935] AC 462
Citation 7
…can convict him if it be honest but not rational. Even if full value is to be given to the " probative " burden as defined in Wool- mington v. D.P.P. [1935] AC 462, this is to insist on an objective element in the definition of intent, and this is a course which I am extremely reluctant to adopt, especially afte…
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(1889) 23 QBD 168
(1889) 23 QBD 168
Citation 8
…lvietti [1970] 1. N.S.W.R. 502). In place of direct authority they relied on the very wide range of bigamy cases in England and Australia from Tolson (1889) 23 QBD 168 to Thomas (1937) 59 C.L.R. 279, King [1964] 1 Q.B. 285. and Gould [1968] 2 QB 65, on the abduction case of Prince (1875) Law Rep. 2 C.C. 154, 13 C.C.…
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[1970] AC 132
[1970] AC 132
Citation 9
…of New South Wales v. Piper [1897] AC 383: by Lord Reid in R. v. Warner [1969] 2 A.C. 256 at 268: and by Lord Diplock in Sweet v. Parsley [1970] AC 132 at 164/165). Counsel did not refer us to any case in which the propriety of the inclusion of the element of " reasonableness " has been doubted ; and its inclusi…
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[1897] AC 383
[1897] AC 383
Citation 10
…t do not expressly or impliedly indicate that some particular mens rea is required to establish it. (See Bank of New South Wales v. Piper [1897] AC 383: by Lord Reid in R. v. Warner [1969] 2 A.C. 256 at 268: and by Lord Diplock in Sweet v. Parsley [1970] AC 132 at 164/165). Counsel did not refer us to any case i…
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[1968] 2 QB 65
[1968] 2 QB 65
Citation 11
…go. It is accepted as a leading authority in the law of bigamy not only in this country (see R. v. King [1964] 1 Q.B. 285 and R. v. Gould [1968] 2 QB 65) but also in Australia (see Thomas v. JR. 59 C.L.R. 279). Moreover, the phrase " an honest and reasonable belief " entertained by the accused of the existence of…
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Bowman v Blyth
97 ER 394
Citation 12
…Wills J.'s citation at p. 174 (Charles J. concurring) of Campbell C.J. in Bowman v. Blyth (1856) 7 E. & B. 26, 43 ("very reasonably believing");…
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Reg v Rose
(1982) 1 WLR 614
Citation 13
…The law requires reasonable grounds for believing that physical action in self-defence or the defence of another is called for: Reg. v. Rose (1884) 15 Cox C.C. 540, Owens v. H.M. Advocate 1946 JC 119, Reg. v. Chisam (1963) 47 Cr. App. R. 130, Reg. v. Fennell [1971] 1 Q.B. 428.…
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[1889] 23 QBD 168
[1889] 23 QBD 168
Citation 14
…There are directions and obiter dicta in many oilier English cases to a like effect Thus in Tolson [1889] 23 QBD 168, the well-known case of alleged bigamy, Stephen J. said (at p. 185):…
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The Queen v Tolson
(1889) 2 QBD 168
Citation 15
…The parties to these appeals are at one in regarding the offence of rape as falling within the third of Bridge J's. propositions, but they differ widely in relation to what is involved in " the intention to do the prohibited act". Before this House, learned prosecuting counsel submitted that rape co…