Criminal Trial Courts Bench Book
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Other offences
Abusive behaviour towards intimate partners
[5-2000]
Introduction
[5-2010]
Suggested direction
[5-2020]
Notes
Assault
[5-5000]
Common assault prosecuted by indictment
[5-5010]
General principles
[5-5020]
Suggested direction — assault where no physical force is actually applied
[5-5030]
Suggested direction — assault where physical force is actually applied
[5-5040]
Notes
[5-5050]
Examples of assault
Break, enter and commit serious indictable offence
[5-5100]
Suggested direction
[5-5110]
Notes
Bribery
[5-5200]
Introduction
[5-5210]
Suggested direction
[5-5220]
Notes
Conspiracy
[5-5300]
Introduction
[5-5310]
Suggested direction
[5-5320]
Notes
Dangerous driving
[5-5400]
Introduction
[5-5410]
Dangerous driving
[5-5420]
Suggested direction — dangerous driving occasioning death
Defraud — Intent to
[5-5500]
Introduction
[5-5510]
Suggested direction
[5-5520]
Notes
Extortion by threat — blackmail
[5-5600]
Introduction
[5-5610]
Suggested direction — counts under s 99 of the Crimes Act 1900
[5-5620]
Notes
False instruments
[5-5700]
Introduction
[5-5710]
Suggested direction — charges under s 300(1) Crimes Act 1900
[5-5720]
Suggested direction — charges under s 300(2) Crimes Act 1900
False or misleading statements
[5-5800]
Introduction
[5-5810]
Section 178BA (rep) Crimes Act 1900
[5-5820]
Suggested direction
[5-5830]
Section 178BB (rep) Crimes Act 1900
[5-5840]
Suggested direction
[5-5850]
Notes
Fraud — Part 4AA Crimes Act 1900
[5-5900]
Introduction
[5-5910]
Definitions
[5-5920]
Section 192E — fraud
[5-5925]
Section 192E(1)(a) — Suggested direction — fraud by dishonestly obtaining property
[5-5930]
Section 192E(1)(b) — Suggested direction — fraud by dishonestly obtaining financial advantage
[5-5935]
Section 192E(1)(b) — Suggested direction — fraud by dishonestly causing financial disadvantage
[5-5940]
Section 192F — intention to defraud by destroying or concealing records
[5-5945]
Section 192F(1)(a) — Suggested direction — destroy or conceal records with intent to obtain property
[5-5950]
Section 192F(1)(b) — Suggested direction — destroy or conceal records with intent to obtain financial advantage
[5-5955]
Section 192F(1)(b) — Suggested direction — destroy or conceal records with intent to cause financial disadvantage
[5-5960]
Section 192G — intention to defraud by false or misleading statement
[5-5965]
Section 192G(a) — Suggested direction for obtaining property belonging to another — intention to defraud by false or misleading statement
[5-5970]
Section 192G(b) — Suggested direction for obtaining a financial advantage or causing a financial disadvantage — intention to defraud by false or misleading statement
[5-5980]
Section 192H — intention to deceive by false or misleading statements of officer of organisation
[5-5985]
Section 192H(1) — Suggested direction — intention to deceive by false or misleading statements of officer of organisation
House, Safe and Conveyance Breaking Implements in Possession
[5-6000]
Introduction
[5-6010]
Suggested direction
Larceny
[5-6100]
Introductory note
[5-6105]
Suggested direction
[5-6110]
Notes — claim of right
[5-6115]
Suggested direction — defence of intention to restore
[5-6120]
Notes — larceny/receiving (special verdict)
[5-6125]
Suggested direction — after directions on larceny and receiving
[5-6130]
Suggested written direction — verdict as to the charge of larceny
[5-6135]
Suggested written direction — verdict as to the charge of receiving
[5-6140]
Suggested written direction — verdict as to the charge of special verdict
[5-6145]
Suggested written direction — questions
[5-6150]
Larceny of motor vehicles
[5-6155]
Suggested direction — charge is taking and driving (s 154A(1)(a))
[5-6160]
Suggested direction — where the accused is charged with taking the vehicle for the purpose of driving it
[5-6165]
Suggested direction — where the charge is one of taking for the purpose of secreting, or obtaining a reward, or for any other fraudulent purpose
[5-6170]
Suggested direction — where the charge alleged is taking for the purpose of obtaining a reward for restoration or pretended restoration of the conveyance
[5-6175]
Suggested direction — where the charge is under s 154A(1)(b): driving or allowing oneself to be carried in a conveyance knowing that it had been taken without the consent of the owner or person in lawful possession
Manslaughter
[5-6200]
Introduction
[5-6210]
Involuntary manslaughter
[5-6220]
Act of the accused caused death
[5-6230]
Manslaughter by unlawful and dangerous act
[5-6240]
Suggested direction — manslaughter by unlawful and dangerous act
[5-6250]
Manslaughter by criminal negligence
[5-6260]
Suggested direction — manslaughter by criminal negligence
[5-6270]
Alternative verdicts
Murder
[5-6300]
Introduction
[5-6310]
Suggested direction — mental element of murder
[5-6320]
Constructive (felony) murder
[5-6330]
Suggested direction — constructive murder
[5-6340]
Alternative verdict of manslaughter
Negligence and unlawfulness
[5-6400]
Introduction
[5-6410]
Suggested direction — accused charged with causing grievous bodily harm by negligent act
[5-6420]
Accused charged with causing grievous bodily harm by omission to act
[5-6430]
Suggested direction — accused caused grievous bodily harm to the victim by their unlawful act
[5-6440]
Accused caused grievous bodily harm to the victim by an unlawful omission
Receiving Stolen Property
[5-6500]
Notes
[5-6510]
Suggested direction
Robbery
[5-6600]
Elements of the offence (s 94)
[5-6610]
Suggested direction
[5-6620]
Suggested direction — where the charge is “assault with intent to rob”
[5-6630]
Where the charge is “steal from the person”
[5-6640]
Notes
Supply of prohibited drugs
[5-6700]
Introduction
[5-6710]
Suggested direction — actual supply
[5-6720]
Suggested direction — where substance supplied is not a prohibited drug
[5-6730]
Suggested direction — actual supply of commercial quantity
[5-6740]
Suggested direction — supply based upon s 29 DMTA — “deemed supply”
[5-6750]
Suggested direction — supply of [large] commercial quantity based upon s 29 DMTA “deemed supply”
[5-6760]
Suggested direction — ongoing supply
[5-6770]
Notes
Take/detain for advantage/ransom/serious indictable offence (kidnapping)
[5-6800]
Introduction
[5-6810]
Suggested direction — basic offence (s 86(1))
[5-6820]
Suggested direction — aggravated offence (s 86(2)), including alternative verdict for basic offence (s 86(4))
[5-6830]
Suggested direction — specially aggravated offence (s 86(3)), including alternative verdicts for aggravated offence and basic offence (s 86(4))