Kaporonovski v R
| Jurisdiction | Australia Federal only |
| Neutral Citation | 1973-0912 HCA A,[1973] HCA 35 |
| Year | 1973 |
| Date | 1973 |
| Court | High Court |
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25 cases
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Enforcement Pursuant to Constitution s57; Application by Gabriel Dusava
...see SCR No 6 of 1984; Re Provocation [1985] PNGLR 31. In PLAR No 1 of 1980 [1980] PNGLR 326 Wilson J said at 331: "In Kaporonovski v R (1973) 133 CLR 209 at 222–3) Walsh J stated: "I recognise that that view gives a restricted operation to s269. It is said also that it produces a capricious......
- Royall v R
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Povey v Qantas Airways Ltd
...of a person that cause harm to another may constitute an ‘accident’ where the harm was not intended or reasonably foreseeable. In Kaporonovski v The Queen, Gibbs J said 66 that ‘[i]t must now be regarded as settled that an event occurs by accident within the meaning of the rule if it was a ......
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Patel v R
...445. 18Referring to Griffiths v The Queen (1994) 69 ALJR 77 at 79; 125 ALR 545 at 547; [1994] HCA 55. 19 Referring to, inter alia, Kaporonovski v The Queen (1973) 133 CLR 209; [1973] HCA 35. 20 As to which see Callaghan v The Queen (1952) 87 CLR 115 at 119–121. 21 The other ground related ......
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4 books & journal articles
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The Defence of Duress Under the Criminal Code (WA)
...provision so that it is consistent with the language and purpose of all the provisions of 35 Ibid 263. See also Kaporonovski v The Queen [1973] HCA 35; (1973) 133 CLR 209, 236 (Gibbs J; Stephen J agreeing); Stuart v The Queen [1974] HCA 54; (1974) 134 CLR 426, 437 (Gibbs J; Mason J agreeing......
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Book Review: Handbook of Criminal Justice Evaluation
...181) in whichtheSupremeCourtdeclinedto followtheHighCourtof Australia decision in Kaporonovski vR(1973) 1 ALR 296;47 ALJR 472 onthequestion ofwhetherprovocation is available as acompletedefence to manslaughter.TheSupremeCourtdiscussed atlengthKaporonovski'scase,onewhichmustbe regarded as an......
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Book Review: Criminal Law and Practice of Papua New
Guinea
...181) in whichtheSupremeCourtdeclinedto followtheHighCourtof Australia decision in Kaporonovski vR(1973) 1 ALR 296;47 ALJR 472 onthequestion ofwhetherprovocation is available as acompletedefence to manslaughter.TheSupremeCourtdiscussed atlengthKaporonovski'scase,onewhichmustbe regarded as an......
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Social and cultural meanings of legal responses to homicide among men: Masculine honour, sexual advances and accidents
...for an event that is unintended and unforeseen and would not have rea-sonably been foreseeable by the ordinary person (Kaporonovki v R (1973) 133 CLR 209),and presumably that ‘person’ in criminal law is an ordinary male (Lee, 2003). Althoughinitially enacted in the late 19th and early 20th ......