Language – Formidable

The Macquarie Dictionary (Online) provides a raft of definitions for this adjective, albeit there is a bright line through them:

1. that is to be feared or dreaded, especially in encounters or dealings.
2. of alarming strength, size, difficulty etc.
3. such as to inspire apprehension or defeat or failure: a formidable amount of information faces those who wish to be familiar with some aspects of surf lifesaving.
4. inspiring respect; powerful: a formidable intellect.

Reference to such term in case law include the following:

• Burrows v R [2017] NSWCCA 45 (at [7]-[9]):

[7] The offence, of a type commonly known as a “home invasion”, occurred on the evening of 17 March 2014 at residential premises in Murwillumbah.

[8] The applicant was asked by a number of older men to accompany them on what was planned as a home invasion of the premises of a drug dealer. The applicant agreed to participate, knowing that his presence was required to make the group look more formidable, and seeing it as an opportunity to obtain drugs. He was aware that his co-offenders had previously committed other violent home invasions, and knew that bats and a shortened rifle were to be used that evening.

[9] The applicant travelled by car with his co-offenders from Banora Point to Murwillumbah to carry out the offence. During the drive he was provided with a balaclava and gloves. He saw his co-offenders arming themselves, including with a gun he had on an earlier occasion seen discharged. The co-offenders also wore balaclavas and gloves.

• AB v State of Queensland (2022) 11 QR 151; [2022] QCA 109 (at [53]-[54]):

[53] The remaining issue is whether this fact was of a decisive character. As I have discussed, before March 2020 it was open to the appellant to plead a case that the respondents ought to have known of XY’s previous conduct. That case would have required an extensive factual inquiry, presenting a formidable task for an individual suing the State of Queensland and another well resourced defendant. Taking the appellant’s circumstances, including her own mental health, into account, such a case is not one which she ought to have brought on the information which she then had.

[54] Prior to March 2020, the case that the respondents had actual knowledge of XY’s history could not have been pleaded without revealing the plaintiff’s having little or no evidence to prove the fact. Its prospects were then poor, and in the appellant’s circumstances, that was a case which she ought not to have then brought.