R v Helen Patricia Secretary (Question of law reserved in a trial for the consideration of the Court under s408(1) of the Criminal Code) [NTLR]

JurisdictionNorthern Territory
JudgeMartin CJ,Angel J,Mildren J
Judgment Date30 May 1996
Docket NumberNo. CA20 of 1995
CourtSupreme Court
Date30 May 1996
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3 cases
  • Gavin Makuma Yunupingu v The Queen
    • Australia
    • Court of Criminal Appeal
    • 5 June 2002
    ...would involve this Court considering the transcript of the proceedings before his Honour and the jury. 24 In Secretary v The Queen (1996) 5 NTLR 96 Mildren J said at 101: ‘… [T]he authorities show that this Court may have regard only to the special facts stated by the trial judge, and the t......
  • Hans Werner Allmich v Danial Long [NTMC]
    • Australia
    • Unspecified Court
    • 11 February 2000
    ...is a question of law: I suspect that the kind of reasoning which sustains the judgments of Angel and Mildren JJ inSecretary v The Queen (1996) 5 NTLR 96 would lead to that question being answered affirmatively. As to whether the belief was reasonable, the basis put forward for it by Mr Long......
  • Stephen Axtell Davis v Stephen Kenneth Bennett [NTCA]
    • Australia
    • Court of Appeal
    • 4 April 2003
    ...case ( Secretary, Department of Health and Community Services v JWB & SMB) (1991–1992) 175 CLR 218 at 233) and to Secretary v The Queen (1996) 5 NTLR 96 at 104. In Marion's case our attention was drawn to the observations of the majority (Mason CJ, Dawson, Toohey and Gaudron JJ) regarding t......
3 books & journal articles
  • Battered women charged with homicide in Australia, Canada and New Zealand: How do they fare?
    • United Kingdom
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology) No. 45-3, December 2012
    • 1 December 2012
    ...Alta QB, 27-31 March 2000, Belzil, J.R v Reti [2009] NZCA 271.R v Russell [2006] NSWSC 722.R v Scott [2003] NSWSC 627.R v Secretary [1996] 5 NTLR 96.R v Spurr (2005), unreported, NSWSC, 16 June 2005, Wood J.R v Stephens, HC Whangarei, T 01 1676, 8-12 April 2002.R v Stjernqvist, unreported, ......
  • A consideration of the merits of specialised homicide offences and defences for battered women
    • United Kingdom
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology) No. 45-3, December 2012
    • 1 December 2012
    ...QSC, 8/3/11, per Dick AJ)Osland v R (1999) 197 CLR 316R (1981) 28 SASR 321Sebo (2007): Sebo; Ex parte A-G (Qld) [2007] QCA 426Secretary (1996) 5 NTLR 96Sherna (2011) VSCA 242Stjernquist (1992) (Unreported, QSC, 30/3/92, per Derrington JSvetina (2011) VSC 392 Legislation Crimes (Homicide) Ac......
  • Securing fair outcomes for battered women charged with homicide: analysing defence lawyering in R. v. Falls.
    • Australia
    • Melbourne University Law Review Vol. 38 No. 2, December - December 2014
    • 1 December 2014
    ...J, 3 March 2006); Falls (Unreported, Supreme Court of Queensland, Applegarth J, 3 June 2010). Older cases are Secretary v The Queen (1996) 5 NTLR 96 ('Secretary') and R v Stjernqvist (Unreported, Supreme Court of Queensland, Derrington J, 19 June 1996). See Victorian Law Reform Commission, ......

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