Crime- Cases

What happened in R v Munter?

Munter punched an old man for watering his garden during water restrictions, causing a fatal heart attack; an example of recklessness.

What happened in R v Blaue and what did it establish about causation?

Blaue stabbed a woman who refused to have sex with him; she required a blood transfusion but refused due to religious beliefs and died. His actions were still held to be the substantial cause of her death.

What case shows young offenders being treated as adults for a break and enter offence?

R v Pham & Ly, young offenders treated as adults due to the adult-like nature of the offence (breaking, entering, gagging victims and stealing computers).

How did the AFP's powers lead to the prosecution of R v Wei Tang?

Australia ratified the trafficking protocol, reformed the CCC (adding sections 270 and 271 for slavery/trafficking), and broadened AFP powers to investigate, arrest and prosecute.

What was the outcome of ICC v Katanga?

Found guilty and sentenced to 12 years for crimes against humanity and war crimes (murder) during the Congo civil war.

What was the outcome of ICC v Lubanga, and why is it significant?

The first ever ICC ruling; sentenced to 14 years for war crimes, having enlisted child soldiers under 15 for the Congo civil war.

What forensic evidence was crucial in R v Xie?

Bloodstains from five victims found on a bloodied item, and footage showing him tearing up an ASICS shoe box.

What did police find in R v Guider?

Scrapbooks of photos of Samantha Knight, a 9-year-old who disappeared.

What happened in the death of Roberto Curti?

Police tasered him 14 times on the pavement resulting in his death; SMH reported the coroner calling police 'thugs, judges and executioners'.

What happened in R v White (Claire Nowland case)?

Police tasered elderly woman Claire Nowland, resulting in her death.

How did community reporting lead to the arrest in R v Guider?

His coworker was suspicious about his obsession with 9-year-old Samantha Knight's disappearance, leading to police investigation and his eventual prosecution.

What is the significance of the William Tyrrell 'washing machine man' case?

Constable Gary Jubelin continued investigating the main suspect after he was cleared by police, and was charged for not complying with his responsibilities under LEPRA when he pursued him without proper authority.

What technology was used as evidence in R v Stein?

CCTV footage of him buying bags of sand from Bunnings, later found in the barrel containing the body of the 9-year-old he murdered.

What happened in R v Steven Boney?

Prosecuted after police conducted mass DNA sampling of every man in Wee Waa, convicting him of the sexual assault of a 90-year-old woman.

What was the outcome of the Raya Meredith case (2025)?

Raya Meredith won $93,000 compensation after being unlawfully strip-searched by police at Splendour in the Grass, even though a sniffer dog had only sniffed in her direction and moved on.

What did Darby v DPP establish about sniffer dogs?

The Supreme Court found sniffer dogs do not have the power to form reasonable suspicion themselves; a search must be instigated by a police officer based on reasonable grounds.

What happened in the Atkins case ('Atkins buried the body and lied to police')?

Atkins walked free with immunity after revealing he killed and buried Leveson, because police breached his right to remain silent by failing to inform him he was being questioned as a suspect.

What case established the right to legal representation?

Dietrich v The Queen, where the High Court ruled the accused must be offered legal representation for justice to be achieved.

What happened in Hogg v R (NSW Court of Criminal Appeal)?

Hogg received a special caution with his lawyer present and exercised his right to silence, but later gave his version of events at trial. The Crown failed to cross-examine him on his silence before relying on adverse inference; his conviction was quashed and he was acquitted.

What happened in R v Singapu (2024/25 one-punch case)?

Singapu was charged with reckless grievous bodily harm and death; police applied for a warrant to search his property and found 36 cannabis plants and a hydroponic setup.

What happened in R v Mockbell regarding bail?

He was granted bail and used a fake passport to flee overseas.

What happened in R v Justin Stein regarding bail?

He made no application for bail when charged with the murder of 9-year-old Charlize Mutten, and it was formally refused by the court.

What happened in Kangas v R (Supreme Court)?

Kangas faced the show cause test for offences committed on bail (weapons/drugs), but successfully persuaded the court he was undertaking rehabilitation and was granted bail.

What reform followed the death of Molly Ticehurst, and which case triggered it?

R v Billings breached an ADVO three times and murdered Molly Ticehurst while on bail; the reform requires DV accused to show cause for bail and, if released, be monitored via electronic bracelets.

What happened in R v Callaghan?

He pleaded guilty early, receiving a 25% discount for aggravated sexual intercourse and supplying drugs to a child; the kidnapping charge was dropped through charge negotiation, resulting in 9 years imprisonment.

What is charge negotiation, illustrated by R v Brett Button?

The accused agrees to plead guilty to some charges in exchange for others being dropped. Button's manslaughter charge was dropped in exchange for guilty pleas to multiple dangerous driving offences, angering victims' families.

What did R v Warwick establish about legal aid?

Justice Garling ordered a stay of proceedings because Warwick had spent over $800,000 on his defence and was ineligible for legal aid; the trial could not proceed on a complex murder charge without representation.

What happened in R v Gittany regarding legal aid?

He was denied legal aid for exceeding the income threshold and was granted a judge-alone trial, showing his right to legal representation was still protected despite being unable to afford lengthy representation.

What happened in R v Medich regarding legal aid?

The property tycoon was denied legal aid for masterminding the murder of his business partner; he was found guilty and sentenced to 29 years despite wanting taxpayers to fund his defence.

What happened in Wood v DPP regarding expert evidence?

Gordon Wood's murder conviction was overturned after physicist expert evidence was found to be flawed and did not satisfy proof beyond reasonable doubt.

What role did CCTV/covert evidence play in R v Xie, R v Abrahams and R v Gittany?

R v Xie: CCTV showed him disposing of an ASICS shoe box. R v Abrahams: she confessed in a covert surveillance sting. R v Gittany: footage showed him dragging his fiancee back into the apartment before throwing her off the balcony.

What forensic evidence was used in R v Boney?

Mass DNA swabbing of every man in Wee Waa revealed Boney as the offender in the sexual assault of a 90-year-old woman.

What happened in R v Camplin?

A 15-year-old successfully used provocation after killing his uncle with a frying pan, following years of sexual abuse and mockery.

What happened in R v Singh (box cutter case)?

Singh used provocation to defend killing his wife with a box cutter, claiming she provoked him; sentenced to 6 years after the charge was reduced from murder to manslaughter, causing media outrage.

What law reform followed R v Singh?

The Crimes Amendment (Extreme Provocation) Act 2019 (NSW), which narrowed provocation but still allows it in extreme cases (e.g. Battered Wife Syndrome), showing the effectiveness of media campaigns for reform.

What happened with Steven 'Shorty' Jamieson's diminished responsibility defence?

He attempted to prove mental abnormality/low IQ due to his mother's addictions, but psychologists contradicted this, finding he knew the kidnap, sexual assault and murder of Janine Balding was wrong.

What happened in R v Jessica Silva?

Charged with murder after stabbing her abusive partner 5 times; the jury found excessive self-defence, reducing the charge to manslaughter with a 2-year suspended sentence.

What happened in R v Boland & Harvey?

They were found not guilty and acquitted after a jury accepted their claim of self-defence during a campsite altercation involving assault and wounding with intent, a complete defence.

What is the significance of the Lazarus/Saxon Mullins case (ABC 'I'm That Girl') for the consent defence?

Lazarus was initially convicted, but his appeal succeeded because the trial judge had not properly directed the jury on whether he took 'reasonable steps' to gain consent; a third trial was not ordered as it would be oppressive.

What reform followed the Lazarus case, and who campaigned for it?

Saxon Mullins became director of an NGO (Rape and Sexual Assault Research) and successfully lobbied for the Crimes Legislation Amendment (Sexual Consent Reform) Act 2021 (NSW), clarifying that reasonable steps must be taken to gain consent, forming affirmative consent.

What happened in R v Skaf regarding juror conduct?

Jurors independently inspected the lighting conditions at the crime scene park during the gang sexual assault case.

What happened following R v Singh and R v Loveridge in terms of law reform?

R v Singh's 6-year sentence caused media outrage leading to extreme provocation reform; R v Loveridge's 6-year sentence for an unprovoked one-punch death led to one-punch legislation reform.

What happened in R v Mulvihill's sentencing?

Justice Fullerton considered the CSPA, victim impact statements, the offender's lack of remorse and failure to complete a violent offenders program; sentenced to 29 years with an SNPP of 22 years.

What did R v Jurisic establish as a judicial guideline?

That a custodial sentence is appropriate for dangerous driving causing death/GBH unless there is very low moral culpability, with clear indicators for aggravating factors like speed and intoxication.

What did R v Whyte clarify about judicial guidelines?

That judges must take the guideline into account or have clear reasons if they depart from it.

What purpose of punishment applied in R v Abrahams?

General deterrence was the focus, to deter parents from such heinous crimes; specific deterrence was not required as she understood the consequences.

What did Justice Fullerton say about rehabilitation prospects in R v Mulvihill and R v Stein?

That rehabilitation was unlikely as neither offender showed remorse, accepted responsibility, or completed violent offender programs.

What purposes of punishment were considered in R v Gittany?

His quick-formed intention to kill, no remorse, and no responsibility taken; the judge stated it was impossible to assess rehabilitation prospects given his refusal to accept responsibility.

What purposes of punishment were considered in R v Sef Gonzales?

The judge stated the purpose was the risk of reoffending and future danger to the community after the jury found him guilty of murdering three family members; sentenced to life.

How did R v Lazarus illustrate the good character reference issue before reform?

Lazarus relied on good references from teachers and the mayor, resulting in his sentence being reduced.

How was a VIS used in R v Medich's sentencing?

The Supreme Court took into account the VIS from the victim's wife and young sons despite defence opposition; Medich was sentenced to 39 years.

What happened in Wood v DPP on appeal?

The Court of Criminal Appeal quashed his murder conviction, finding the jury's guilty verdict unreasonable due to errors in police and expert physicist evidence.

What happened in R v AEM, KEM & MM on appeal?

The Crown appealed the leniency of the sentence for aggravated sexual assault in company; the Court of Criminal Appeal more than doubled the sentences from 5 & 6 years to 13 & 14 years.

What happened in Lehn v R (2022)?

The Local Court judge allowed a 20% discount for a guilty plea instead of the standard 25%; the Court of Criminal Appeal found this an error entitling Lehn to be resentenced.

What happened to Robert Bolt through circle sentencing?

He pleaded guilty to assault and breaching bail, underwent circle sentencing, received an intensive correction order of home detention plus a good behaviour bond and anger management courses; he did not reoffend and started selling art.

What happened in the 2025 Liverpool counter-terrorism action?

7 men aged 19-24 were arrested and detained under the Commonwealth Criminal Code Act 1995 for a suspected planned violent act linked to extremist ideology; they were released after 48 hours.

What did Kable v DPP establish?

The High Court found the Community Protection Act 1994 (NSW), a special law passed to continue detaining Kable after his non-parole period, was invalid/unconstitutional.

What happened in R v LMW [1999] NSWSC 1343 (the Corey Davis case)?

An 11-year-old boy drowned a 6-year-old in a river. The NSW Supreme Court held the presumption of doli incapax had not been rebutted and acquitted him; it remains the leading NSW authority on the doli incapax test.

What happened in the UK Bulger case, and what reform followed?

Two 10-year-olds abducted, tortured and killed 2-year-old James Bulger; the House of Lords upheld the rebuttable presumption in 1994, but public pressure led to the Crime and Disorder Act 1998 (UK), which abolished the rebuttable presumption for 10 to 13 year olds entirely.

What did DPP v NW (2015) demonstrate about rebutting doli incapax?

NW, aged 13, had received counselling and admitted indecently harming was 'never the right thing to do' but reoffended; the magistrate found he knew what he did was wrong, rebutting doli incapax and holding him accountable.

What happened in R v CKT (1999)?

Police interviewed a murder suspect without a support adult present, incorrectly believing he was over 16. As he was actually under 16, the evidence obtained was ruled inadmissible.

What did R v Cortez & Ors (2002) NSWCCA establish?

That children must be given a genuine and effective opportunity to obtain legal advice, including via the Legal Aid Youth Hotline, before being interviewed by police.

What happened in R v GDP (1991)?

A 14-year-old caused $550,000 of damage; his 12-month custodial sentence was successfully appealed as manifestly excessive because he was about to start his HSC, and was replaced with a 12-month probation order, confirming rehabilitation is the primary aim for children.

What happened in R v Pham & Ly (1991)?

Two offenders broke into an occupied house, bound and gagged victims and robbed the property; their sentence was overturned as 'wholly inappropriate' and inadequate, establishing that even young offenders acting with 'grave adult behaviour' require proportionate sentencing.

What happened in Police v JM (2011)?

JM breached parole by committing aggravated break and enter; the magistrate imposed a control order (the most serious sentence), with a parole condition requiring rehabilitation for his alcohol abuse.

What happened in Police v CW (2012)?

CW, homeless with mental health problems, pleaded guilty to multiple offences; despite further breaches, the court found he was genuinely improving his life (employment, accommodation, seeking help) and imposed a youth justice conference rather than a control order.

What happened in the case of Xe (2021)?

A 17-year-old Aboriginal female involved in a joint criminal enterprise gestured a victim's vehicle after a shooting and later indicated awareness the occupant was fatally injured; given her youth and her father's role encouraging her involvement, she was sentenced to 17 years with a non-parole period of 10 years and 6 months.

What happened in the case of SLD (2002)?

A 13-year-old with a background of abuse and disability abducted and killed a 3-year-old girl; despite his significant personal circumstances, he was sentenced to 20 years with a 10-year non-parole period given the callous nature of the crime.