R v Wilhelm [2010] NSWSC 334

R v Wilhelm [2010] NSWSC 334

The facts as agreed do not establish that the accused was in a position of authority or control over Ms Brimble necessary to 'cause her to take' GHB under s 39. Offering and encouraging are not sufficient; the statute requires a person in authority or power to command or direct the act.

Parties
Prosecution: Regina; Accused: Mark Robin Wilhelm
Jurisdiction
Australia
Judgment Date
19 April 2010
Procedural Posture
Criminal / Application to Withdraw Plea
Outcome
application allowed
Legal Topics
Withdrawal of Guilty Plea, Offences Involving Poison, Statutory Interpretation of 'cause to Be Taken'
Criminal Law Withdrawal of Guilty Plea Offences Involving Poison Statutory Interpretation of 'cause to Be Taken'

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Parties

Regina

Prosecution

Mark Robin Wilhelm

Accused

Procedural Posture

Criminal / Application to Withdraw Plea

Legal Issues

  1. 1 Whether the facts alleged support the offence of 'causing to be taken' under s 39 of the Crimes Act 1900
  2. 2 Whether the accused was in a position of authority or control to cause Ms Brimble to take GHB

Ratio Decidendi

The facts as agreed do not establish that the accused was in a position of authority or control over Ms Brimble necessary to 'cause her to take' GHB under s 39. Offering and encouraging are not sufficient; the statute requires a person in authority or power to command or direct the act.

Court Disposition

application allowed

Orders

  • The accused is permitted to withdraw the plea to the second count on the indictment.