131:
22:
241:, New South Wales. White would act as the getaway using a motorcycle, while Ryan would carry out the robbery proper using a sawn-off rifle. Mimicking a book he had read, Ryan planned to tie the service attendant up before absconding. While tying up the service attendant, Noel Francis Taylor, the rifle discharged, a bullet penetrated Taylor's neck and caused Taylor's death.
252:, White was also liable for Taylor's death, but was offered and accepted a plea of guilty of manslaughter. Ryan's manslaughter plea was refused by the prosecution and he was convicted of murder at trial. At the time, murder in New South Wales carried a mandatory minimum sentence of life imprisonment with the harshest sentence being
265:
such as spasms, sneezes or twitches. While Ryan claimed that the pulling of the rifle trigger was an involuntary action and there was no way for the prosecution to prove otherwise, the actions that lead up to the discharge were voluntary: loading the gun, presenting it to menace the attendant, and pointing it at the victims neck.
264:
Under New South Wales law, a conviction of murder requires that the death of the victim be caused by a voluntary action of the accused, that is to say a willful and deliberate action, and that the action be done with malice. Generally, the law will not hold people accountable for involuntary actions
268:
New South Wales follows a modified version of the felony murder rule, wherein the prosecution does not need to prove malice to convict for murder if the death is caused "in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him, of a crime
269:
punishable by death or penal servitude for life." Since Ryan's actions and Taylor's death occurred during and as the result of an armed robbery, which at the time was punishable with life imprisonment, the felony murder rule applied.
165:
272:
The High Court unanimously ruled that Ryan's application for special leave be refused. Subsequently, his conviction for murder and life sentence were upheld.
347:
237:
On March 10, 1965, Robert
Patrick Ryan and his accomplice, Mr White, committed an armed robbery of a service station in
89:
108:
61:
337:
68:
46:
75:
352:
342:
238:
57:
286:
210:
206:
8:
291:
253:
222:
82:
281:
244:
Ryan claimed the discharged of the rifle was accidental and that he was culpable for
226:
31:
42:
214:
249:
331:
296:
225:(referred to as constructive murder in Australian law) and when the issue of
130:
245:
36:
157:
HCA 2, (1967) 121 CLR 205, (1967) 40 ALJR 488, ALR 577, 1967 WL 22945
21:
218:
190:
Application for special leave to appeal refused Appeal failed
49:. Unsourced material may be challenged and removed.
329:
29:An editor has performed a search and found that
129:
109:Learn how and when to remove this message
330:
248:, not murder. Under the doctrine of
209:. The case is an application to the
47:adding citations to reliable sources
15:
13:
14:
364:
221:. It is often cited in cases of
20:
309:
1:
348:High Court of Australia cases
302:
259:
256:. Ryan received the former.
7:
275:
35:to establish the subject's
10:
369:
189:
184:
176:
171:
161:
153:
145:
137:
128:
123:
287:Murder in Australian law
232:
32:sufficient sources exist
338:Australian criminal law
211:High Court of Australia
207:Australian criminal law
205:) is a seminal case in
141:High Court of Australia
43:improve this article
292:Malice aforethought
166:Original judgement
353:1967 in Australia
282:Woolmington v DPP
217:a conviction for
194:
193:
119:
118:
111:
93:
360:
343:1967 in case law
322:
321:(NSW) s 18(1)(a)
313:
229:is in question.
201:(abbreviated to
198:Ryan v The Queen
133:
124:Ryan v The Queen
121:
120:
114:
107:
103:
100:
94:
92:
51:
24:
16:
368:
367:
363:
362:
361:
359:
358:
357:
328:
327:
326:
325:
314:
310:
305:
278:
262:
235:
215:leave to appeal
115:
104:
98:
95:
52:
50:
40:
25:
12:
11:
5:
366:
356:
355:
350:
345:
340:
324:
323:
307:
306:
304:
301:
300:
299:
294:
289:
284:
277:
274:
261:
258:
250:common purpose
234:
231:
192:
191:
187:
186:
182:
181:
178:
174:
173:
169:
168:
163:
159:
158:
155:
151:
150:
147:
143:
142:
139:
135:
134:
126:
125:
117:
116:
28:
26:
19:
9:
6:
4:
3:
2:
365:
354:
351:
349:
346:
344:
341:
339:
336:
335:
333:
320:
317:
312:
308:
298:
297:Voluntariness
295:
293:
290:
288:
285:
283:
280:
279:
273:
270:
266:
257:
255:
251:
247:
242:
240:
230:
228:
227:voluntariness
224:
223:felony murder
220:
216:
212:
208:
204:
200:
199:
188:
185:Case opinions
183:
179:
177:Appealed from
175:
170:
167:
164:
160:
156:
152:
148:
144:
140:
136:
132:
127:
122:
113:
110:
102:
91:
88:
84:
81:
77:
74:
70:
67:
63:
60: –
59:
55:
54:Find sources:
48:
44:
38:
34:
33:
27:
23:
18:
17:
318:
315:
311:
271:
267:
263:
246:manslaughter
243:
236:
213:for special
202:
197:
196:
195:
172:Case history
149:3 March 1967
105:
99:January 2024
96:
86:
79:
72:
65:
53:
41:Please help
30:
332:Categories
316:Crimes Act
303:References
162:Transcript
69:newspapers
58:"Ryan v R"
37:notability
260:Judgement
276:See also
239:Carramar
203:Ryan v R
154:Citation
146:Decided
83:scholar
219:murder
85:
78:
71:
64:
56:
254:death
233:Facts
180:NSWSC
138:Court
90:JSTOR
76:books
319:1900
62:news
45:by
334::
112:)
106:(
101:)
97:(
87:·
80:·
73:·
66:·
39:.
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
