RP(Appellant) v The Queen
Jurisdiction | Australia Federal only |
Judge | Kiefel,Bell,Keane,Gordon JJ.,Gageler J. |
Judgment Date | 21 December 2016 |
Neutral Citation | [2016] HCA 53 |
Date | 21 December 2016 |
Court | High Court |
Docket Number | S193/2016 |
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5 cases
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CVN17 v Minister for Immigration and Border Protection
...[2003] VSCA 129; 6 VR 276 R v Cheng [2015] SASCFC 189 R v L (1994) 16 Qld Lawyer Reps 27 R v Whitty (1993) 66 A Crim R 462 RP v The Queen [2016] HCA 53; 259 CLR 641 Schuster-McFadyen v Minister for Immigration and Citizenship [2011] FCA 1303; 124 ALD 68 SZUTY v Minister for Immigration and ......
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Rigby v ND
...104, 42 VR 372, R v XY [2013] NSWCCA 121, 84 NSWLR 363, referred to RYE v Western Australia [2021] WASCA 43, not followed RP v The Queen [2016] HCA 53; 259 CLR 641, considered Criminal Code Act 1983 (NT) s 23, s 38 Criminal Code 1899 (Qld) s 29(2) Local Court (Criminal Procedure) Act 1928 (......
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PF v R
...that they must be satisfied of the accuracy of that evidence before convicting. As the High Court of Australia said in RP v The Queen [2016] HCA 53 (a decision to which we were helpfully referred by Mr Jarvis) at [33]: "It is common enough for children to engage in forms of sexual play and ......
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Johnson v The Queen
...Debates (Hansard), 26 July 2011 at 3502. 4Criminal Law Consolidation Act 1935 (SA), s 56. 5 See RP v The Queen (2016) 259 CLR 641; [2016] HCA 53. 6Criminal Law Consolidation Act, s 7Criminal Law Consolidation Act, s 50(1). 8Criminal Law Consolidation Act, s 48(1). 9R v Johnson [2015] SASCFC......
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2 firm's commentaries
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Doli Incapax | Age of criminal responsibility in Australia
...aged between 10 and 13 years (inclusive) is presumed incapable of criminal intent, according to the High Court case of RP v The Queen [2016] HCA 53. To be guilty of a crime in Australia, an offender needs to commit the offending act as well as having the necessary criminal intention, usuall......
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What age can children be held criminally responsible in Australia?
...it was morally wrong to engage in the conduct, as opposed to where they may have thought of it as 'merely naughty or mischievous' (RP [2016] HCA 53). Evidence that may prove this will ultimately depend upon the circumstances of the child and the nature of the allegation. It may include evid......