NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: BP v. Regina, SW v. Regina [2006] NSWCCA 172
HEARING DATE(S): 10 May 2006
JUDGMENT DATE: 1 June 2006
JUDGMENT OF: Hodgson JA at 1; Adams J at 42; Johnson J at 43
DECISION: 1. Appeal of BP dismissed.; 2. Appeal of SW dismissed.
CATCHWORDS: CRIMINAL LAW - APPEAL AGAINST CONVICTION - Appellants aged 11 and 12 at time of alleged offences - Doli incapax - Need for prosecution to prove beyond reasonable doubt that child between 10 and 14 knew that what he or she was doing was seriously wrong, not merely naughty or mischievous - Whether directions adequate - Whether jury's verdict reasonable.
C V. DPP [1996] 1 AC 1 R v. ALH (2003) 6 VR 276 CASES CITED: R v. CRH, NSWCCA, 18/12/96 Stapleton v. The Queen (1952) 86 CLR 358 The Queen v. M (1977) 16 SASR 589
BP - appellant PARTIES: SW - respondent Regina - respondent
FILE NUMBER(S): CCA 2005/1956; 2005/1957
Mr. M. Austin for BP COUNSEL: Mr. R. Button SC for SW Mr. D. Frearson for respondent Crown
SOLICITORS: Many Rivers ALS Newcastle for appellants S. Kavanagh, Solicitor for Public Prosecutions, for respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC04/31/0032; DC04/31/0033
LOWER COURT JUDICIAL OFFICER: Freeman DCJ
LOWER COURT DATE OF DECISION: 03/09/04
LOWER COURT MEDIUM NEUTRAL CITATION: Not applicable
IN THE COURT OF CRIMINAL APPEAL CCA 2005/1956 CCA 2005/1957 DC 04/31/0032 DC 04/31/0033
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