Landmark Criminal cases

Supreme Court holds the Ghosh test for dishonesty wrong and states an objective test

Established the two-stage test for dishonesty in property offences

The McNaghten Rules state the test of insanity: defect of reason from disease of mind.

Fraud as to the nature of the act vitiates consent to sexual intercourse.

Necessity is no defence to murder, even for shipwrecked men facing starvation.

Transferred malice doctrine established: intent to harm one person transfers to actual victim

Broadcasting for the enemy to protect his family did not prove intent to assist.

Medical negligence can break the chain of causation if it is palpably wrong.

Subjective recklessness established as the meaning of 'maliciously' in statutory offences.

Negligent medical treatment does not break the chain of causation if the original wound remains an operating and substantial cause of death.

Unlawful act manslaughter needs an act that sober, reasonable people would see risked some harm.

No assault where the victim apprehends no violence, so no unlawful act for manslaughter when a gun believed safe is fired in a joke.

Presumption of mens rea applies to statutory offence of managing premises used for drug taking

Continuing act doctrine allows omission to complete battery when initial act was accidental

Self-induced drug intoxication is no defence to manslaughter.

The owner of a car can steal it from a garage in possession of it.

Appropriation for theft does not require the absence of the owner's consent.

Victim's reasonable escape from assault does not break causation for resulting injuries.

Burglary requires an effective and substantial entry as a trespasser, with knowledge or recklessness as to being a trespasser.

Hypoglycaemia from insulin is an external cause, so automatism and not insanity.

Victim's religious refusal of blood transfusion does not break causation for manslaughter.

Entering beyond the permission given, knowingly or recklessly, is entering as a trespasser.

Voluntary assumption of care creates a legal duty; gross negligent breach can be manslaughter.

Manslaughter by unlawful act needs no defendant foresight that the act is dangerous.

Voluntary intoxication is no defence to crimes of basic intent.

Appropriation in robbery is a continuing act, so force used while carrying away property counts as force at the time of stealing.

Confidential information is not property capable of being stolen.

Entering a counter area closed to the public as a trespasser can be burglary.

Consent in rape needs no force or threat; the jury distinguishes consent from submission.