Lappan v Hughes

[2003] WASCA 173

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Defences
3. › Statutory defences
4. › Exclusion of Criminal Code defences by implication
5. › Whether specific statutory defence regime excludes general exculpatory provisions
6. › Dog Act 1976 (WA), s 33B
7. › Criminal Code (WA), ss 23, 24
1. Animals
2. › Control of dogs
3. › Offences under Dog Act 1976 (WA)
4. › Dog in public place not controlled
5. › Dog in private place without consent
6. › Defences available
7. › Dog Act 1976 (WA), ss 31, 33A, 33B
1. Statutory Interpretation
2. › Exclusion by implication
3. › Whether legislature addressing specific defence regime excludes general Criminal Code defences
4. › Criminal Code (WA), s 24, s 36

Quick Take

The general exculpatory defences under ss 23 and 24 of the Criminal Code (WA) are not available to persons charged under ss 31 or 33A of the Dog Act 1976 (WA). The only defences available are those specified in s 33B of the Dog Act, which require the person charged to satisfy the court that all reasonable precautions were taken and all due diligence exercised.

Case Details

Citation[2003] WASCA 173

CourtWASCA

JurisdictionWestern Australia

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Cited by4

2023Sharp v The City of StirlingWASC 301
2007Pallett v PaulWASC 290
2003Mnyirrinna v McINTOSHWASCA 305
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