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[1] Since Ryan's actions and Taylor's death occurred during and as the result of an armed robbery, which at the time was punishable with life imprisonment, the felony murder rule applied. The High Court unanimously ruled that Ryan's application for special leave be refused. Subsequently, his conviction for murder and life sentence were upheld.
In the NSW Crimes Act 1900 murder is defined as follows: [9] [10]. Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or ...
The Act, alongside the Crimes Act 1914 (Cth) and the Criminal Code Act 1995 (Cth), [2] [3] form the almost complete basis of criminal law for the State. It is the primary criminal law statute of NSW, and which formed the basis for the Australian Capital Territory's Crimes Act 1900 (ACT). [4]
R v Martineau, [1990] 2 SCR 633 is a leading Supreme Court of Canada case on the mens rea requirement for murder. Background One evening in February 1985, Patrick Tremblay and 15-year-old Mr. Martineau set out to rob a trailer owned by the McLean family in Valleyview, Alberta.
R v Vaillancourt, [1987] 2 S.C.R. 636, is a landmark case from the Supreme Court of Canada on the constitutionality of the Criminal Code concept of "constructive murder". ". The Court raised the possibility that crimes with significant "stigma" attached, such as murder, require proof of the mens rea element of subjective foresight of death, but declined to decide on that b
Lindsey Robert Rose (né Lehman; born 2 May 1955) is an Australian serial killer from New South Wales, currently serving five sentences of life imprisonment without the possibility of parole for the murder of five people between 1984 and 1994.
William MacDonald (17 June 1924 – 12 May 2015) was an English serial killer responsible for the murders of five people in the Australian states of Queensland and New South Wales between 1961 and 1962.
This is preserved by statutory reforms, creating a legal standard [4] in section 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). [2] Reasonable grounds for making such an arrest involves what is reasonably necessary for the relevant situation, [ 4 ] an objective test by which police officers must be satisfied that an ...