Taiapa v The Queen [2009] HCA 53

Taiapa v The Queen [2009] HCA 53

The applicant did not raise a sufficient evidentiary basis for a reasonable belief that he was unable to escape the threat except by committing the offences; mere subjective fear and reluctance to seek police protection, in the absence of substantive justification, cannot amount to reasonable grounds under s 31(1)(d)(ii) of the Criminal Code (Q). The Court of Appeal was correct not to leave the defence of compulsion to the jury.

Parties
Applicant: Dion Robert Taiapa; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
16 December 2009
Procedural Posture
Criminal Appeal / Special Leave to Appeal to High Court of Australia Following Decision of the Supreme Court of Queensland Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Defences – Compulsion, Reasonable Belief, Appeals – Special Leave, Duty to Seek Police Protection, Onus of Proof
Criminal Law Defences – Compulsion Reasonable Belief Appeals – Special Leave Duty to Seek Police Protection Onus of Proof

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Parties

Dion Robert Taiapa

Applicant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Special Leave to Appeal to High Court of Australia Following Decision of the Supreme Court of Queensland Court of Appeal

Legal Issues

  1. 1 Whether the Court of Appeal erred in holding that evidence did not disclose a case fit for consideration by jury that there were reasonable grounds for applicant's belief that he was otherwise unable to escape the carrying out of the threat within the meaning of s 31(1)(d) of the Criminal Code (Q)

Ratio Decidendi

The applicant did not raise a sufficient evidentiary basis for a reasonable belief that he was unable to escape the threat except by committing the offences; mere subjective fear and reluctance to seek police protection, in the absence of substantive justification, cannot amount to reasonable grounds under s 31(1)(d)(ii) of the Criminal Code (Q). The Court of Appeal was correct not to leave the defence of compulsion to the jury.

Court Disposition

Appeal dismissed

Orders

  • Extend the time for filing the application for special leave to appeal to 20 February 2009.
  • Special leave to appeal granted.