R v Falconer
| Jurisdiction | Australia Federal only |
| Neutral Citation | 1990-1122 HCA B,[1990] HCA 49 |
| Date | 1990 |
| Court | High Court |
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51 cases
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Bosanac v Commissioner of Taxation
...Review 72 at 76; Cross on Evidence, 13th Aust ed (2021) at 383 [7255]. 120 Masson (2019) 266 CLR 554 at 575-576 [32]. 121 R v Falconer (1990) 171 CLR 30 at 83. See also Actors and Announcers Equity Association of Australia v Fontana Films Pty Ltd (1982) 150 CLR 169 at 213; Calverley (1984) ......
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Commissioner of Taxation v Carter
...of Taxation v H (2010) 188 FCR 440 at 448 [39]. 27 (2019) 266 CLR 554 at 575–576 [32] (footnotes omitted). See also R v Falconer (1990) 171 CLR 30 at 83; Weissensteiner v The Queen (1993) 178 CLR 217 at 242–243; Phipson on Evidence, 19th ed (2018) at 172 [6–19]; Cross on Evidence, 13th Aust......
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Masson v Parsons
...on Evidence at the Common Law (1898), ch 8. See also Tapper, Cross and Tapper on Evidence, 12th ed (2010) at 134. 17 R v Falconer (1990) 171 CLR 30 at 83 per Gaudron J; [1990] HCA 49. See Heydon, Cross on Evidence, 11th Aust ed (2017) at 368 18 See Bohlen, “The Effect of Rebuttable Presumpt......
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BD(Appellant) v The Queen
...54, R v Cornwell (2003) 57 NSWLR 82, R v Court [1989] AC 28, R v Culgan (1898) 19 LR(NSW) 166, R v DH [2000] NSWCCA 360, R v Falconer (1990) 171 CLR 30, R v Ford (2009) 201 A Crim R 451, R v George [1956] Crim LR 52, R v Getachew (2012) 248 CLR 22, R v Grant [2016] NTSC 54, R v Johnson [196......
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2 firm's commentaries
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Not guilty Your Honour, I was sleepwalking when I did it
...Judge Phillip Mahoney said in his judgment. An important legal factor for the judge was the 1990 High Court decision in R v Falconer [1990] HCA 49 concerning the proper construction of sections 23 and 27 of the Criminal Code (WA), which refer to a defence of automatism for criminal Sleepwal......
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Automatism and intoxication defences in Australia
...being conscious of the nature of it and without being able to choose to do it. This has been outlined in the case of R v Falconer (1990) 171 CLR 30. Criminal law recognises two main types of automatism defences, namely, 'sane automatism' and 'insane automatism'. INTOXICATION AUTOMATISM DEFE......
2 books & journal articles
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Rationalising the burden of establishing defences at criminal law in Singapore: Reconsidering Jayasena, in the wake of Eu Lim Hoklai
...of a mental condition.102 On the view that the 90. [1990] 3 SCR 1303.91. Ibid. at [20].92. Ibid. at 1372.93. The Queen v Falconer (1990) 171 CLR 30 at 40.94. R v Godfrey (1984) 8 DLR 122 at 135 per Philip JA95. Ibid at 135.96. R v Ali; R v Jordan [2001] 1 All ER 1014.97. Ibid. at 1022.98. I......
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Alcoholism and Criminal Liability
...428G of the Crimes Act 1900 (NSW).106 Quick [1973] QB 910. In Australia Mason CJ, Brennan and McHugh JJ in the case of Falconer (1990)171 CLR 30, 56 came up with a series of criteria that they hoped would represent a more workableway of distinguishing between insane and non-insane automatis......