Court : Australia High Court
..... the nature and extent of the general common law rule was the subject of comment in gammage v the queen[77] in the context of considering s 370 of the criminal law amendment act 1883 (nsw), re-enacted as s 23(2) of the crimes act 1900 (nsw), which provided that where it appeared on a trial for murder "that the act or omission causing death does not amount to murder, but does amount to manslaughter, the jury may acquit the accused of murder, ..... questions of criminal procedure which arose under the criminal procedure act 2009 (vic) before the commencement of the jury directions act 2013 (vic). ..... [7]the appellant's trial took place before the commencement of the jury directions act 2013 (vic) and his appeal did not raise consideration of s 16(1) of that act, which abolishes any rule of common law under which a trial judge is required to direct the jury about any defences and alternative offences open on the evidence which have not ..... section 239(2) of the criminal procedure act, originally enacted by the crimes (classification of offences) act as s 421(3) of the crimes act and modelled on s 6(4) of the criminal law act, was ..... hca 46; likiardopoulos v the queen (2012) 247 clr 265 at 269 [2] per french cj, 279-280 [37] per gummow, hayne, crennan, kiefel and bell jj; [2012] hca 37; elias v the queen (2013) 248 clr 483 at 497-498 [33]-[35]; [2013] hca 31; magaming v the queen [2013] hca 40; (2013) 87 aljr 1060 at 1067 [20] per french cj, hayne, crennan, kiefel and bell jj; 302 alr 461 at 466 .....
Tag this Judgment!Court : Australia High Court
..... [107] section 19 (renumbered s 24) of the criminal procedure act 1986 (nsw), introduced by the criminal procedure (amendment) act 1988 (nsw) ..... in boyd v sandercock; ex parte sandercock[60], the full court of the supreme court of queensland held that a penalty was not "contrary to law" for the purposes of s 147a(1) of the justices act 1886 (q) "merely because the prosecution has failed to prove a fact [the existence of a prior conviction] which would have led to a higher range of penalty becoming applicable, or a higher sentence being imposed ..... the court of criminal appeal, sitting a bench of five, dismissed the application on 22 may 2013[7] on the basis that s 43 did not apply to errors of reasoning of the kind relied upon by the appellant when the penalty was one which could have been imposed in the proper exercise of the court's discretion ..... count 2 a non-parole period of six years, commencing on 16 august 2007 and expiring on 15 august 2013, with a balance term of two years, commencing on 16 august 2013 and expiring on 15 august 2015. ..... [103] achurch v the queen (no 2) [2013] nswcca 117 at [73]. ..... [7] achurch v the queen (no 2) [2013] nswcca 117. ..... [125] thompson-davis v the queen [2013] nswcca 75 at [35], [47]. ..... [91] [2013] nswcca 117 at [109][110] ..... [90] [2013] nswcca 117 at [106][107] ..... [82] [2013] nswcca 117 at ..... [8] [2013] hcatrans 278 (french cj and hayne j) ..... the appellant has appealed against that decision to this court pursuant to a grant of special leave made on 8 november 2013[8]. 4. .....
Tag this Judgment!Court : Australia High Court
..... see, for example, crimes act 1900 (nsw), s 97(1); crimes act 1958 (vic), s 60a(1); criminal law consolidation act 1935 (sa), s 5aa(1)(b); the criminal code (wa), s 318(1)(l)(i); criminal code (tas), s 240(3); criminal code (nt), s 174g(a); crimes act 1900 (act), s 35(1)(a)(ii). ..... [14] for example see crimes act 1900 (nsw), ss 31, 47, 93r; crimes act 1958 (vic), s 317a; criminal law consolidation act 1935 (sa), ss 248, 250; criminal code (q), s 321a; criminal code (wa), s 294(4); criminal code (tas), ss 170 ..... linking a nation: australia's transport and communications 17881970, (2003), ch 7; available at www.environment.gov.au [70] postage acts amendment act 1893 (nsw), s 18; post office act 1890 (vic), s 118; post office act 1876 (sa), s 91; post and telegraph act 1891 (q), s 98; post and telegraph act 1893 (wa), s 86; post office act 1881 (tas), s 107. ..... " there were amendments to the text and section numbering in 1997 and 2001 but the phrase "in such a way as would be regarded by reasonable persons as being, in all the circumstances, offensive" remained unchanged ..... record of the debates of the australasian federal convention, (adelaide), 25 march 1897 at 114; 29 march 1897 at 233234, 252; 30 march 1897 at 266267, 318319, 327328; 31 march 1897 at 376; 17 april 1897 at 769774; 22 september 1897 at 10681069. ..... chambers v director of public prosecutions [2013] 1 all er 149 at 156 [28] ..... attorney-general (sa) v corporation of the city of adelaide [2013] hca 3 at [42][48] per french cj. .....
Tag this Judgment!Court : Australia High Court
..... . [8]the provisions have been subject to amendment since that time see especially the anti-money laundering and counter-terrorism financing (transitional provisions and consequential amendments) act 2006 (cth), sched 1, pt 1, items 2138 and the crimes legislation amendment (serious and organised crime) act (no 2) 2010 (cth), sched 5, pt 1 ..... exchange of the admerex shares for the temenos shares constituted a dealing with the admerex shares which put the appellant in the position of being able to obtain a financial advantage for barat advisory: "so that the final act that the crown points to was the swapping of the shares for the temenos shares which meant that [the appellant] could then move ahead and cash in the temenos shares, derive the ..... intended that the 48 million admerex shares would be used in the commission of, or used to facilitate the commission of, an offence that may be dealt with as a commonwealth indictable offence, namely the obtaining by barat advisory of a financial advantage by deception, contrary to section 134.2 of the criminal code ..... . the enactment of div 400 gave effect, inter alia, to a recommendation by the australian law reform commission ("the alrc"), in a report on the poc act published in 1999, that the scope of the offence of money laundering be broadened[7]. 8 ..... the appeal to this court, by special leave granted on 8 november 2013[4], should be allowed and orders made in terms appearing at the end of these reasons. ..... . [4][2013] hcatrans 279 .....
Tag this Judgment!Court : Australia High Court
..... second respondent's notice of contention and the third respondent's amended notice of contention concerning the validity of the by-law by reference to the provisions of the 1934 and 1999 acts relating to by-laws: (i) whether the by-law contravenes s 248(1)(a) of the 1999 act; (ii) whether the restriction imposed on the making of by-laws by s 246(2) of the 1999 act applies; (iii) whether s 667(1) 9 xvi of the 1934 act supports the by-law and whether the power there given to make by-laws should be construed narrowly; (iv) whether there is to be seen ..... that is because though the words of the challenged clauses are wide, and though they create criminal offences, they are on the whole clear enough, at least in their application to the second and third respondents, to prevent the principle of legality from causing difficulty in relation to ..... his honour said that the court could not read down the words of the sub-section as if they were almost nugatory, and construed them as follows: "they give a power to lay down rules in respect of matters of municipal concern, matters that have been reasonably understood to be within the province of municipal ..... electoral commission [2004] hca 41; (2004) 220 clr 181 at 200 [40]; [2004] hca 41; hogan v hinch [2011] hca 4; (2011) 243 clr 506 at 555-556 [95]; wotton v queensland (2012) 246 clr 1 at 16 [30], 30 [78]; monis v the queen [2013] hca 4 at [342] per crennan, kiefel and bell jj. ..... palko v connecticut [1937] ussc 174; 302 us 319 at 327 (1937). .....
Tag this Judgment!Court : Australia High Court
..... or supporting affidavits[145]; o the informant cannot be called to give evidence or otherwise required to give evidence[146]; o where information provided to a relevant agency by an informant is the subject of a criminal intelligence declaration, the commissioner must file an affidavit sworn by an officer of the relevant agency setting out, inter alia, his or her honest and reasonable belief that the information provided is reliable and the reasons ..... section 60 of the co act records that the objects of pt 6 (which deals with criminal intelligence) include allowing "evidence that is or contains criminal intelligence to be admitted in applications under this act without the evidence" having the consequences stated in the definition[223] of "criminal intelligence": prejudicing a criminal investigation, enabling the discovery of the existence or identity of a confidential source of information relevant to law ..... ran throughout the respondents' submissions in this case, noticing that the supreme court must take account of the fact that a respondent cannot controvert criminal intelligence does not seek to deny the allegation of legislative invalidity by asserting that the supreme court can be "relied on" to remedy any constitutional ..... constitution amendment act 1861 (q) established the supreme court of queensland as "a court of civil and criminal jurisdiction ..... [221] [2007] hca 33; (2007) 233 clr 307 at 327-329 [15]- [16], 334 [28] per gleeson cj, 355 [109]-[110] per gummow and crennan jj, .....
Tag this Judgment!Court : Australia High Court
..... [12]criminal law consolidation act 1935 (sa), ..... [13]criminal law consolidation act 1935 (sa), ..... to direct the jury that in order to prove an accused's guilt of murder by reason of his involvement in a joint criminal enterprise to commit murder the prosecution must prove each of the elements in pars (1) to (4) of the written direction. ..... the use of a knife or similar bladed weapon (or, in the case of an understanding that a person or persons would be assaulted, that he contemplated the use of such a weapon by a party having the requisite intention) it is not apparent how, acting reasonably, the jury might have been affirmatively persuaded that the appellant possessed the knowledge necessary for accessorial liability. ..... answer to these questions bore on the capacity of the evidence in each case to establish to the criminal standard that the appellant had come to the understanding or arrangement on which the case on joint enterprise ..... event that the jury were satisfied of the matters in pars (1), (2) and (3), sem would only absolve himself from liability for the act of the stabber if the jury considered it reasonably possible that sem had withdrawn from the enterprise before the stabbing. 43. ..... [22]gerakiteys v the queen [1984] hca 8; (1984) 153 clr 317 at 327, 330 per brennan j, 334 per deane j; [1984] hca 8; truong v the queen [2004] hca 10; (2004) 223 clr 122 at 143-144 [35] per gleeson cj, mchugh and heydon jj; [2004] ..... a number of amendments were made to the draft to take into account .....
Tag this Judgment!Court : Australia High Court
..... the civil liability amendment (personal responsibility) act 2002 (nsw) effected extensive amendments to the liability act, inserting parts dealing with negligence, mental harm, proportionate liability, the liability of public and other authorities, intoxication, self-defence and recovery by criminals, good samaritans, volunteers, and apologies. ..... set aside orders 3 and 4 of the court of appeal of the supreme court of new south wales made on 18 march 2013, and orders 1 and 2 of that court made on 5 june 2013, and, in their place, order that: (a) the appeal be allowed; (b) the orders of the supreme court of new south wales made on 27 july 2012 be set aside and, in their place, order that: (i) the separate question: "insofar as ..... section 151i(1) of the wc act, which is contained in div 3 of pt 5, dealing with modified common law damages, directs the court in awarding damages to "disregard the amount (if any) by which the injured or deceased worker's net weekly earnings would (but for the injury or death) have exceeded" a specified amount (emphasis added). ..... [48]taylor v the owners strata plan no 11564 [2013] nswca 55; (2013) 83 nswlr 1 at 10 [40] citing mills v meeking [1990] hca 6; (1990) 169 clr 214 at 235 per dawson j and director of public prosecutions v leys (2012) 296 alr 96 at 126-127 [97]. ..... [45]taylor v the owners strata plan no 11564 [2013] nswca 55; (2013) 83 nswlr 1 at 9 [33] citing kaplantzi v pascoe [2003] nswca 386; (2003) 40 mvr 146 at 152 [32]. .....
Tag this Judgment!Court : Australia High Court
..... police service (complaints, discipline and appeals) amendment act 1993 (nsw), sched 3, items (5), (10) ..... the industrial arbitration (unfair dismissal) amendment act 1991 (nsw), sched 1 inserted such a regime into the industrial arbitration act 1940 (nsw). ..... [88] police legislation further amendment act 1996 (nsw), sched 1 ..... [89] police service amendment act 1997 (nsw), sched 1 ..... are significant in view of the fact that s 201 of the police act renders it a criminal offence for a police officer to neglect or refuse to obey any lawful order or carry out any lawful duty as a police officer. ..... section 117 was subsequently amended in 1993 to refer to the industrial relations act 1991 (nsw), when it was renumbered s ..... although frequent amendments have left them untidy, the ir act and the police act are for relevant purposes consistent and ..... a corollary of that principle is that, where a statute is amended, the statute and the amending statute are "to be read together as a combined statement of the will of the legislature"[ ..... was again amended in 1997 to refer to the ir act[87], at around the same time amendments were made to insert div 1b[88] and div 1c[89] of pt 9 into the police act. ..... this is true also where the question is one of possible amendment where a later statute is said to operate upon an earlier ..... : "in the application of part 5 of chapter 4 of the [ir act] to proceedings under this division, the provisions of sections 163, 167, 169(4), 172, 181 and 184 of that act do not have effect. .....
Tag this Judgment!Court : Australia High Court
..... [4] criminal code amendment act 1918 (wa), s 27 ..... for a sentence of 12 months or more if it considered that course to be appropriate, having regard to the nature of the offence, the circumstances of its commission, and the antecedents of the convicted person (see also r v simpson unreported, court of criminal appeal of the supreme court of western australia, 20 june 1984 at 4 per wallace j; power v the queen [1974] hca 26; (1974) 131 clr 623 at 627 per barwick cj, menzies, stephen and mason jj; [1974] hca 26). ..... tunaj v the queen [1984] war 48 at 51 citing the prisons act amendment act 1963 (wa), s 9 of which effected the repeal of s 64e of the prisons act. ..... [5] prisons act amendment act 1918 (wa) ..... section 39(3) of the offenders probation and parole act provided that s 29 of the prisons act did not apply to any sentence for which a minimum term was fixed, but that if a prisoner had served the minimum term but had not been released on parole, the prisoner should be released on the date he or she would have been released if the head sentence had been remitted in accordance with s 29 of the prisons act. ..... the law reform (decriminalization of sodomy) act 1989 (wa) repealed s 184 and replaced it with a provision limited to criminalising homosexual acts of gross indecency committed in public ..... you have a record of frequently offending against the law and at the time in question you were on parole ..... also in january 1986 he was charged with being on the curtilage of premises without lawful excuse. .....
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