The case confirms that the s 15C home invasion defence under the Criminal Law Consolidation Act 1935 (SA) requires evidence capable of establishing on the balance of probabilities that the defendant genuinely believed the victim was committing or had just committed a serious criminal trespass in a place of residence; the mere presence of a victim in a front yard during a struggle is insufficient. The court was divided on whether 'exceptional circumstances' must be demonstrated to raise a new matter on criminal appeal: Gray J required exceptional circumstances, while Peek J (White J concurring) held that no such threshold applies and that a Court of Criminal Appeal must provide a primary safety net. The precise status of R v Moore and R v Cowell on the admissibility of co-accused guilty pleas was left open.
The full text is available to signed-in members.