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abortion acquitted actus reus amount appears apply arise attempt Australian Law Journal causation causing death charged cheque circumstances committed common law Commonwealth consent conspiracy convicted Court of Criminal Cr.App.R Crimes Act Criminal Appeal Criminal Code Criminal Law Consolidation Criminal Law Review criminal negligence criminal responsibility D's actions dangerous act decision definition diminished responsibility doctrine effect evidence example fact false pretences felony felony-murder rule follows fraudulent Full Court grievous bodily harm guilty of murder held High Court indictment inflict grievous bodily intent to murder intent to steal intention to kill intercourse larceny Law Consolidation Act Law Quarterly Review mental element mistake Model Penal Code person problem proved provocation purpose Qd.R Queen Queensland and Western Queensland Code question rape recklessness relevant requirement sexual situation South Australia South Wales St.R.Qd statute stolen Tasmanian Code threat trial judge unlawful and dangerous V's death Victoria Western Australian Code Williams