Kelly v Rigby

[2021] NTSC 25

Supreme Court of the Northern Territory

Built by Barristers,
For Australian Law.

1. Criminal Law and Procedure
2. › Appeal and review
3. › Appeal from Local Court to Supreme Court
4. › By person convicted against conviction - Conviction unreasonable and not supported on the evidence
5. › Hearing Judge erred in finding defensive conduct disproved beyond reasonable doubt
6. › Appeal dismissed.
1. CRIMINAL LAW AND PROCEDURE - Unlawful entry
2. › Intent to commit offence therein
3. › Necessity to specify offence
4. › Criminal Code (NT) s 214 - Establishment of intention to commit specific offence not required.
1. Criminal Law and Procedure
2. › Evidence
3. › Credibility and reliability
4. › Whether evidence of complainant must be assessed by hearing Judge as credible and reliable for charge to be proven beyond reasonable doubt
5. › Hearing Judge’s approach consistent with the principles in Liberato and Douglass and does not disclose error
6. › Hearing Judge’s findings supported by the evidence.
1. Criminal Code (NT) 29, 213, 214