NSW Caselaw
Reported Decision: 193 A Crim R 546
New South Wales Court of Criminal Appeal
CITATION: O'Hara v R [2009] NSWCCA 54
HEARING DATE(S): 23 February 2009
JUDGMENT DATE: 9 March 2009
JUDGMENT OF: Grove J at 1; Buddin J at 33; Price J at 34
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Unlawfully causing a person to take a stupefying thing contrary to s 38 Crimes Act 1900 as in effect at the time - Meaning of "unlawfully" - Alcohol a stupefying thing within the meaning of the provision - Amending legislation no indication of previous ambiguity - R v Murcott 1893 XIX VLR 408 followed
Crimes Act 1900 LEGISLATION CITED: Crimes Amendment (Drink & Food Spiking) Act 2008 Liquor Act 1982 Offences Against the Person Act 1861
CATEGORY: Principal judgment
CASES CITED : Allina Pty Limited v Federal Commissioner of Taxation 1991 28 FCR 203 R v Murcott & Ah See 1893 XIX VLR 408
PARTIES: Michael Ian O'HARA - Applicant REGINA - Respondent/Crown
FILE NUMBER(S): CCA 2006/7595
COUNSEL: C Smith - Applicant D Arnott SC - Respondent/Crown
SOLICITORS: Legal Aid Commission - Applicant Solicitor for Public Prosecutions - Respondent/Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/61/0147
LOWER COURT JUDICIAL OFFICER: Nield DCJ
LOWER COURT DATE OF DECISION: 4 March 2008
IN THE COURT OF CRIMINAL APPEAL CCA 2006/7595
GROVE J BUDDIN J PRICE J
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate