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» Egg shell defense   2004-12-06 15:32 MD

Strawman: "Do you have an on-line reference to the actual case [from whence comes the egg-shell skull rule]?"

I found several cases that referred to the rule, and always in the context I cited rather than that of your feminist friend. Here are some from the High Court of Australia to start with:

THE QUEEN v VAN DEN BEMD (1994) 179 CLR 137 (1994) 119 ALR 385, (1994) 68 ALJR 199, (1994) 70 A Crim R 494 F.C. 94/004

MAMOTE-KULANG v. THE QUEEN [1964] HCA 21; (1964) 111 CLR 62 (25 March 1964)

If I get time I will try to track down the original case. Apparently it is so well known in legal circles that the barrister need only say "the egg-shell skull rule" rather than cite the original case.

BTW: you can read the text of Australian legislation and cases (Commonwealth and State), at AUSLII: http://www.austlii.edu.au/

  • Egg shell defense -- Strawman 2004-12-06