Taiapa v The Queen
| Jurisdiction | Australia Federal only |
| Judge | French CJ,Heydon,Crennan,Kiefel,Bell JJ. |
| Judgment Date | 16 December 2009 |
| Neutral Citation | [2009] HCA 53,2009-1216 HCA A |
| Court | High Court |
| Docket Number | B6/2009 |
| Date | 16 December 2009 |
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3 cases
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DPP v Gleeson
...is some evidence capable of raising the issue, the persuasive burden of disproving a defence is on the prosecution; see Taiapa v R (2009) 240 CLR 95 and Fairall and Barrett, paragraphs 1.73-1.74. A defence should not be left to the jury if there is no reasonable basis to support it, such as......
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R v Khazaal
...CLR 523 at 535, Mason J agreeing at 546. 11 (1985) 157 CLR 523 at 558. 12 (1985) 157 CLR 523 at 581. 13 (1985) 157 CLR 523 at 592. 14 (2009) 240 CLR 95; [2009] HCA 15 (2009) 240 CLR 95 at 109 [39]. 16 Code, s 13.1(2). 17 Whether the word ‘reasonable’ attracts a threshold requirement for the......
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R v Willis (TAW), 2016 MBCA 113
...for a belief that there is no option other than to break the law in order to escape the execution of a threat” (Taiapa v The Queen, [2009] HCA 53 at para 40 If there is a reasonable opportunity where an individual can feasibly escape the proverbial gun to their head brought about by the thr......
1 books & journal articles
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The Defence of Duress Under the Criminal Code (WA)
...(1996) 86 A Crim R 542 and King CJ in R v Brown (1986) 43 SASR 33, both of which were approved by the High Court in Taiapa v The Queen [2009] HCA 53 [31] - [32], [36]. King CJ said in R v ‘The ordinary way in which a citizen renders ineffective criminal intimidation is to report the intimid......