He Kaw Teh v R

JurisdictionAustralia Federal only
Judgment Date1985
Neutral Citation[1985] HCA 43,1985-0711 HCA B
Date1985
CourtHigh Court
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131 cases
1 firm's commentaries
  • Define Intimidation in Australia
    • Australia
    • Mondaq Australia
    • March 13, 2023
    ...will need to be considered on its own facts and circumstances. Courts define Intimidation and intent as well. In He Kaw Teh v The Queen [1985] HCA 43, the Court recognised that it would be difficult to prove a state of mind in the absence of admissions that one intended to (or knew the acti......
11 books & journal articles
  • A PURPOSIVE APPROACH TO INTERPRETING AUSTRALIA'S COMPLEMENTARY PROTECTION REGIME.
    • Australia
    • December 1, 2019
    ...Rosemary Owens and John Williams (eds), Intention in Law and Philosophy (Ashgate, 2001) 107, 109-10. See also He Kaw Teh v The Queen (1985) 157 CLR 523, 568 (Brennan J) ('He Kaw (73) Zaburoni (n 67); SZTAL (n 3). (74) Zaburoni (n 67) 488 [8] (Kiefel, Bell and Keane JJ), citing R v Willmot [......
  • NO PUNISHMENT WITHOUT FAULT
    • Singapore
    • Singapore Academy of Law Journal No. 2013, December 2013
    • December 1, 2013
    ...if it was done by mistake or by accident. 51 (1946) 62 TLR 462. 52 Brend v Wood (1946) 62 TLR 462 at 463. 53 He Kaw Teh v The Queen (1985) 157 CLR 523 at 568. 54 [2000] 2 AC 428. 55 B (a minor) v Director of Public Prosecutions [2000] 2 AC 428 at 464, per Lord Nicholls. 56 Bridges Christoph......
  • The Paradox of Disallowing Duress as a Defence to Murder
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 78-1, February 2014
    • February 1, 2014
    ...the various governments to act on the proposal set out above. 60 R v Hurley and Murray [1967] VR 526 at 533.61 He Kaw Teh v The Queen (1985) 157 CLR 523 at 534.62 Gillies, above n. 15 at 42.63 Except, of course, for the requirement that the offence is not murder or some other offence so hei......
  • Rape in Victoria as a Crime of Absolute Liability: A Departure from Both Precedent and Progressivism
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 76-5, October 2012
    • October 1, 2012
    ...to an issue in the case or the credit of the complainant isNew South Wales: Criminal Procedure Act 1986 (NSW), s. 293.31 He Kaw Teh v R(1985) 157 CLR 523 at 533, 590. All strict liability offences arestatutory as there is none recognised at common law.32 P. Gillies, Criminal Law, 4th edn (L......
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