RP(Appellant) v The Queen

JurisdictionAustralia Federal only
JudgeKiefel,Bell,Keane,Gordon JJ.,Gageler J.
Judgment Date21 December 2016
Neutral Citation[2016] HCA 53
Date21 December 2016
CourtHigh Court
Docket NumberS193/2016
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5 cases
  • CVN17 v Minister for Immigration and Border Protection
    • Australia
    • Federal Court
    • 16 January 2019
    ...[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 ......
  • Rigby v ND
    • Australia
    • Supreme Court
    • 6 July 2022
    ...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 (......
  • PF v R
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 20 July 2017
    ...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 ......
  • Johnson v The Queen
    • Australia
    • High Court
    • 17 October 2018
    ...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
  • Doli Incapax | Age of criminal responsibility in Australia
    • Australia
    • Mondaq Australia
    • 25 December 2022
    ...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......
  • What age can children be held criminally responsible in Australia?
    • Australia
    • Mondaq Australia
    • 2 July 2023
    ...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......

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