Veira v Cook

• 1. Criminal Law
  2. › Defences
  3. › Necessity
  4. › Scope of defence
  5. › Whether defence available where threatened harm is to animals or property rather than death or serious injury to persons
  6. › Whether defence confined to threats of death or serious injury to accused or another person
• 1. Criminal Law
  2. › Defences
  3. › Necessity
  4. › Elements of defence
  5. › Reasonableness and proportionality
  6. › Whether proportionality assessed by accused's belief or by objective availability of alternative lawful courses of action
  7. › Role of reasonableness and proportionality as factual considerations
• 1. Criminal Law
  2. › Defences
  3. › Necessity
  4. › Burden of proof
  5. › Whether accused bears onus of establishing necessity as 'lawful excuse'
  6. › Inclosed Lands Protection Act 1901 (NSW), s 4(1)
• 1. Appeal
  2. › Leave to appeal
  3. › Application for leave to appeal from Supreme Court to Court of Appeal
  4. › No arguable issue of principle
  5. › Supreme Court Act 1970 (NSW), s 101(2)(h)

Quick Take