O'Hara v R [2009] NSWCCA 54

O'Hara v R [2009] NSWCCA 54

Alcohol is a 'stupefying thing' under s 38 Crimes Act 1900 where its consumption stupefies the victim, and 'unlawfully' is satisfied where there is no lawful excuse for the act; supplying alcohol to the complainant in the circumstances was unlawful, and the evidence supported the jury's finding.

Parties
Applicant: Michael Ian O'HARA; Respondent/crown: REGINA
Jurisdiction
Australia
Judgment Date
09 March 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Unlawfully Causing a Person to Take a Stupefying Thing, Meaning of 'unlawfully', Alcohol as a Stupefying Thing, Statutory Interpretation
Criminal Law Unlawfully Causing a Person to Take a Stupefying Thing Meaning of 'unlawfully' Alcohol as a Stupefying Thing Statutory Interpretation

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Parties

Michael Ian O'HARA

Applicant

REGINA

Respondent/crown

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether it was unlawful for the appellant to supply alcohol to his daughter
  2. 2 Whether alcohol is a 'stupefying thing' under s 38 Crimes Act 1900

Ratio Decidendi

Alcohol is a 'stupefying thing' under s 38 Crimes Act 1900 where its consumption stupefies the victim, and 'unlawfully' is satisfied where there is no lawful excuse for the act; supplying alcohol to the complainant in the circumstances was unlawful, and the evidence supported the jury's finding.

Court Disposition

Appeal dismissed

Orders

  • Appeal against conviction on count 1 of the indictment dismissed.